50 CFR Part 635 Atlantic Highly Migratory Species

50 CFR Part 635 (up to date as of 7/16/2024)
Atlantic Highly Migratory Species

50 CFR Part 635 (July 16, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce

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50 CFR Part 635 (July 16, 2024)

Part 635 Atlantic Highly Migratory Species
Subpart A General
§ 635.1 Purpose and scope.
§ 635.2 Definitions.
§ 635.3 Relation to other laws.
§ 635.4 Permits and fees.
§ 635.5 Recordkeeping and reporting.
§ 635.6 Vessel and gear identification.
§ 635.7 At-sea observer coverage.
§ 635.8 Workshops.
§ 635.9 Electronic monitoring.
Subpart B Individual Vessel Measures
§ 635.14 [Reserved]
§ 635.15 Individual bluefin tuna quotas (IBQs).
§ 635.16 [Reserved]
Subpart C Management Measures
§ 635.19 Authorized gears.
§ 635.20 Size limits.
§ 635.21 Gear operation and deployment restrictions.
§ 635.22 Recreational retention limits.
§ 635.23 Retention limits for bluefin tuna.
§ 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas.
§ 635.25 Fishing areas.
§ 635.26 Catch and release.
§ 635.27 Quotas.
§ 635.28 Fishery closures.
§ 635.29 Transfer at sea and transshipment.
§ 635.30 Possession at sea and landing.
§ 635.31 Restrictions on sale and purchase.
§ 635.32 Specifically authorized activities.
§ 635.33 Archival tags.
§ 635.34 Adjustment of management measures.
Subpart D Restrictions on Imports
§ 635.40 Restrictions to enhance conservation.
§ 635.41 Products denied entry.
Subpart E International Port Inspection
§ 635.50 Basis and purpose.
§ 635.51 Authorized officer.
§ 635.52 Vessels subject to inspection.
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§ 635.53
§ 635.54
Subpart F
§ 635.69
§ 635.70
§ 635.71

50 CFR Part 635 (July 16, 2024)

Prior notification.
Reports.
Enforcement
Vessel monitoring systems.
Penalties.
Prohibitions.

Appendix A to Part 635
Species Tables

PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Source: 64 FR 29135, May 28, 1999, unless otherwise noted.

Subpart A—General
§ 635.1 Purpose and scope.
(a) The regulations in this part govern the conservation and management of Atlantic tunas, Atlantic billfish,
Atlantic sharks, and Atlantic swordfish under the authority of the Magnuson-Stevens Act and ATCA. They
implement the 2006 Consolidated Highly Migratory Species Fishery Management Plan and its
amendments. The Atlantic tunas regulations govern conservation and management of Atlantic tunas in
the management unit. The Atlantic billfish regulations govern conservation and management of Atlantic
billfish in the management unit. The Atlantic swordfish regulations govern conservation and management
of North and South Atlantic swordfish in the management unit. North Atlantic swordfish are managed
under the authority of both ATCA and the Magnuson-Stevens Act. South Atlantic swordfish are managed
under the sole authority of ATCA. The shark regulations govern conservation and management of sharks
in the management unit, under the authority of the Magnuson-Stevens Act.
(b) Under section 9(d) of ATCA, NMFS has determined that the regulations contained in this part with respect
to Atlantic tunas are applicable within the territorial sea of the United States adjacent to, and within the
boundaries of, the States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey,
Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Louisiana, and
Texas, and the Commonwealths of Puerto Rico and the Virgin Islands. NMFS will undertake a continuing
review of State regulations to determine if regulations applicable to Atlantic tunas, swordfish, or billfish
are at least as restrictive as regulations contained in this part and if such regulations are effectively
enforced. In such case, NMFS will file with the Office of the Federal Register for publication notification of
the basis for the determination and of the specific regulations that shall or shall not apply in the territorial
sea of the identified State.
[64 FR 29135, May 28, 1999, as amended at 75 FR 30524, June 1, 2010; 86 FR 42744, Aug. 5, 2021]

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50 CFR 635.2

§ 635.2 Definitions.
In addition to the definitions in the Magnuson-Stevens Act, ATCA, and § 600.10 of this chapter, the terms used in
this part have following meanings. If applicable, the terms used in this part supercede those used in § 600.10:
Archival tag means a device that is implanted or affixed to a fish to electronically record scientific information
about the migratory behavior of that fish.
ATCA Certificate of Eligibility (COE) means the certificate that must accompany any applicable shipment of fish
pursuant to a finding under 16 U.S.C. 971d (c)(4) or (c)(5).
Atlantic Aggregated LCS means one of the following species, or parts thereof, as listed in Table 1 of appendix A
to this part: Atlantic blacktip, bull, lemon, nurse, silky, spinner, and tiger.
Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish.
Atlantic Ocean, as used in this part, includes the North and South Atlantic Oceans, the Gulf of Mexico, and the
Caribbean Sea.
Atlantic shark identification workshop certificate means the document issued by NMFS, or its designee,
indicating that the person named on the certificate has successfully completed the Atlantic shark
identification workshop.
Atlantic States, consistent with section 803 of Public law 103-206 (16 U.S.C. 5102), refers to Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, the District of Columbia, and the
Potomac River Fisheries Commission, for purposes of applying the Shark Conservation Act exception at
50 CFR 635.30(c)(5).
BAYS means Atlantic bigeye, albacore, yellowfin, and skipjack tunas as defined in § 600.10 of this part.
BFT means Atlantic bluefin tuna as defined in § 600.10 of this chapter.
BFT landings quota means the portion of the ICCAT BFT catch quota allocated to the United States against
which landings of BFT are counted.
Bluefin statistical document (BSD) tag means a numbered tag affixed to a BFT issued by any country in
conjunction with a catch statistics information program and recorded on a BSD.
Bottom longline means a longline that is deployed with enough weights and/or anchors to maintain contact with
the ocean bottom. For the purposes of this part, a vessel is considered to have bottom longline gear on
board when a power-operated longline hauler, a mainline, weights and/or anchors capable of maintaining
contact between the mainline and the ocean bottom, and leaders (gangions) with hooks are on board.
Removal of any of these elements constitutes removal of bottom longline gear. Bottom longline vessels
may have a limited number of floats and/or high flyers onboard for the purposes of marking the location
of the gear but removal of these floats does not constitute removal of bottom longline gear.
Buoy gear means a fishing gear consisting of one or more floatation devices supporting a single mainline to
which no more than two hooks or gangions are attached.
Caudal keel means the horizontal ridges along each side of a fish at the base of the tail fin.
CFL (curved fork length) means the length of a fish measured from the tip of the upper jaw to the fork of the tail
along the contour of the body in a line that runs along the top of the pectoral fin and the top of the caudal
keel (i.e., in dorsal direction above caudal keel).
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50 CFR 635.2 “Charter/headboat commercial sale
endorsement”

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.
Charleston Bump closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ from
a point intersecting the inner boundary of the U.S. EEZ at 34°00′ N. lat. near Wilmington Beach, NC, and
proceeding due east to connect by straight lines the following coordinates in the order stated: 34°00′ N.
lat., 76°00′ W. long.; 31°00′ N. lat., 76°00′ W. long.; then proceeding due west to intersect the inner
boundary of the U.S. EEZ at 31°00′ N. lat. near Jekyll Island, GA.
Circle hook means a fishing hook originally designed and manufactured so that the point is turned
perpendicularly back to the shank to form a generally circular, or oval, shape.
Cleithrum to Caudal Keel or CK measurement means the length of a fish measured along the body contour, i.e., a
curved measurement, from the point on the cleithrum that provides the shortest possible measurement
along the body contour to the anterior portion of the caudal keel. The cleithrum is the semicircular bony
structure at the posterior edge of the gill opening.
Convention means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro,
Brazil, on May 14, 1966, 20 U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, which
are binding upon the United States.
Conventional tag means a numbered, flexible ribbon that is implanted or affixed to a fish that is released back
into the ocean that allows for the identification of that fish in the event it is recaptured.
Corrodible Hook means a fishing hook composed of any material other than stainless steel.
Dealer tag means the numbered, flexible, self-locking ribbon issued by NMFS for the identification of BFT sold to
a permitted dealer as required under § 635.5(b)(2)(ii).
Dehooking device means a device intended to remove a hook embedded in a fish in order to release the fish with
minimum damage.
Designated by NMFS means the address or location indicated in a letter to permit holders or in a letter
accompanying reporting forms.
DeSoto Canyon closed area means the area within the Gulf of Mexico bounded by straight lines connecting the
following coordinates in the order stated: 30°00′ N. lat., 88°00′ W. long.; 30°00′ N. lat., 86°00′ W. long.;
28°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 84°00′ W. long.; 26°00′ N. lat., 84°00′ W. long.; 26°00′ N. lat.,
86°00′ W. long.; 28°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 88°00′ W. long.; 30°00′ N. lat., 88°00′ W. long.
Display permit means a permit issued in order to catch and land HMS for the purpose of public display pursuant
to § 635.32(d).
Division Chief means the Chief, Highly Migratory Species Management Division, NMFS (F/SF1), 1315 East-West
Highway, Silver Spring, MD, 20910; (301) 427-8503.
Downrigger means a piece of equipment attached to a vessel and with a weight on a cable that is in turn
attached to hook-and-line gear to maintain lures or bait at depth while trolling. The downrigger has a
release system to retrieve the weight by rod and reel or by manual, electric, or hydraulic winch after a fish
strike on the hook-and-line gear.

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50 CFR 635.2 “Dress”

Dress , for swordfish, tunas, and billfish, means to process a fish by removal of head, viscera, and fins, but does
not include removal of the backbone, halving, quartering, or otherwise further reducing the carcass. For
sharks, dress means to process a fish by removal of head and viscera, but does not include removal of the
fins, backbone, halving, quartering, or otherwise further reducing the carcass.
Dressed weight (dw) , for swordfish, tunas, and billfish, means the weight of a fish after it has been dressed. For
sharks, dressed weight means the weight of a fish after it has been dressed and had its fins, including the
tail, removed.
Drift gillnet means a gillnet that is floating unattached to the ocean bottom and not anchored, secured, or
weighted to the ocean bottom.
East Florida Coast closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ
from a point intersecting the inner boundary of the U.S. EEZ at 31°00′ N. lat. near Jekyll Island, GA, and
proceeding due east to connect by straight lines the following coordinates in the order stated: 31°00′ N.
lat., 78°00′ W. long.; 28°17′10″ N. lat., 79°11′24″ W. long.; then proceeding along the outer boundary of the
EEZ to the intersection of the EEZ with 24°00′ N. lat.; then proceeding due west to 24°00′ N. lat., 81°47′ W.
long.; and then proceeding due north to intersect the inner boundary of the U.S. EEZ at 81°47′ W. long.
near Key West, FL.
Edges 40 Fathom Contour closed area means a parallelogram-shaped area in the Gulf of Mexico bounded by
straight lines connecting the following coordinates in the order stated: 28° 51' N. lat., 85° 16' W. long.; 28°
51' N. lat., 85° 04' W. long.; 28° 14' N. lat., 84° 42' W. long.; 28° 14' N. lat., 84° 54' W. long.
EFP means an exempted fishing permit issued pursuant to § 600.745 of this chapter or to § 635.32(c).
Electronic monitoring (EM) system means a system of video cameras and recording and other related
equipment installed on a vessel.
Eviscerated means a fish that has only the alimentary organs removed.
Export , for purposes of this subpart, means to effect exportation.
Exportation has the same general meaning as 19 CFR 101.1 and generally refers to a severance of goods from
the mass of things belonging to one country with the intention of uniting them to the mass of things
belonging to some foreign country. For purposes of this subpart, a shipment between the United States
and its insular possessions is not an export.
Exporter, for purposes of this subpart, is the principal party in interest, meaning the party that receives the
primary benefit, monetary or otherwise, of the export transaction. For exports from the United States, the
exporter is the U.S. principal party in interest, as identified in 15 CFR part 30. An exporter is subject to the
requirements of this subpart, even if exports are exempt from statistical reporting requirements under 15
CFR part 30.
Federal Atlantic Commercial Shark Permit means any of the commercial shark permits issued pursuant to §
635.4.
Finlet means one of the small individual fins on a tuna located behind the second dorsal and anal fins and
forward of the tail fin.
First receive means to take possession for commercial purposes of any fish or any part thereof by purchasing,
trading or bartering for it from the fishing vessel owner or operator once it is offloaded, where the vessel
has been issued, or should have been issued, a valid permit under this part. First receive does not mean to
take possession solely for transport.
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50 CFR 635.2 “First transaction in the United States”

First transaction in the United States means the time and place at which a fish is filleted, cut into steaks, or
processed in any way that physically alters it after being landed in or imported into the United States.
Fishing record means all records of navigation and operations of a fishing vessel, as well as all records of
catching, harvesting, transporting, landing, purchasing, or selling a fish.
Fishing vessel means any vessel engaged in fishing, processing, or transporting fish loaded on the high seas, or
any vessel outfitted for such activities.
Fishing year means January 1 through December 31.
FL (fork length) means the straight-line measurement of a fish from the midpoint of the anterior edge of the fish
to the fork of the caudal fin. The measurement is not made along the curve of the body.
Floatation device means any positively buoyant object rigged to be attached to a fishing gear.
Floatline means a line attached to a buoyant object that is used to support the mainline of a longline at a
specific target depth.
Florida Swordfish Management Area means the Atlantic Ocean area shoreward of the outer boundary of the U.S.
EEZ from a point where latitude 28°17′10″ N. lat. intersects the U.S. mainland near Rockledge, Florida and
proceeding due east across the barrier island near Cocoa Beach, Florida to connect by straight lines the
following coordinates in the order stated: 28°17′10″ N. lat., 79°11′24″ W. long.; then proceeding along the
outer boundary of the EEZ to the intersection of the EEZ with 24°00′ N. lat.; then proceeding due west to
24°00′ N. lat., 82°0′ W. long, then proceeding due north to 25°48′' N. lat., 82°0′ W. long., then proceeding
due east to the shore near Chokoloskee, Florida).
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.
Freeboard is defined as the working distance between the top rail of the gunwale to the water's surface, and will
vary based on the vessel design.
Gangion means a line that serves to attach a hook, suspended at a specific target depth, to the mainline of a
longline.
Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or greater.
Green-stick gear means an actively trolled mainline attached to a vessel and elevated or suspended above the
surface of the water with no more than 10 hooks or gangions attached to the mainline. The suspended
line, attached gangions and/or hooks, and catch may be retrieved collectively by hand or mechanical
means. Green-stick does not constitute a pelagic longline or a bottom longline as defined in this section.
Gulf of Mexico Aggregated LCS means one of the following species, or parts thereof, as listed in Table 1 of
appendix A to this part: Bull, lemon, nurse, silky, spinner, and tiger.
Hammerhead shark(s) means great, scalloped, and smooth hammerhead shark species, or parts thereof, as
listed in Table 1 of appendix A to this part.
Handgear means handline, harpoon, rod and reel, bandit gear, buoy gear, or speargun gear.

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50 CFR 635.2 “Handline”

Handline means fishing gear that is attached to, or in contact with, a vessel; that consists of a mainline to which
no more than two hooks or gangions may be attached; and that is released and retrieved by hand rather
than by mechanical means.
High-flyer means a flag, radar reflector or radio beacon transmitter, suitable for attachment to a longline to
facilitate its location and retrieval.
Highly migratory species (HMS) means bluefin, bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks
(listed in Table 1 of appendix A to this part); white marlin; blue marlin; sailfish; longbill spearfish; and
roundscale spearfish.
IBQ (individual bluefin quota) refers to limited access privileges under the IBQ Program (§ 635.15), implemented
for the management of Atlantic BFT incidentally caught by Atlantic Tunas Longline category LAP holders.
Importer , for purposes of this subpart, means the principal party responsible for the import of product into a
country. For imports into the United States, and for purposes of this subpart, “importer” means the
consignee as identified on entry documentation or any authorized, equivalent electronic medium required
for release of shipments, or any authorized equivalent entry documentation from the customs authority of
the United States or the separate customs territory of a U.S. insular possession. If a consignee is not
declared, then the importer of record is considered to be the consignee.
In transit means non-stop progression through an area without any fishing activity occurring.
LAP means a limited access permit issued pursuant to § 635.4.
Large coastal shark (LCS) means one of the species, or a part thereof, listed in heading A, Large Coastal Sharks,
of Table 1 of appendix A to this part.
Large medium BFT means a BFT measuring at least 73 inches (185 cm) and less than 81 inches (206 cm) CFL.
Large school BFT means a BFT measuring at least 47 inches (119 cm) and less than 59 inches (150 cm) CFL.
LJFL (lower jaw-fork length) means the straight-line measurement of a fish from the anterior tip of the lower jaw
to the fork of the caudal fin. The measurement is not made along the curve of the body.
Longline means fishing gear that is set horizontally, either anchored, floating, or attached to a vessel, and that
consists of a mainline or groundline with three or more leaders (gangions) and hooks, whether retrieved
by hand or mechanical means.
Madison-Swanson closed area means a rectangular-shaped area in the Gulf of Mexico bounded by straight lines
connecting the following coordinates in the order stated: 29°17′ N. lat., 85°50′ W. long.; 29°17′ N. lat.,
85°38′ W. long.; 29°06′ N. lat., 85°38′ W. long.; 29°06′ N. lat., 85°50′ W. long.; and 29°17′ N. lat., 85°50′ W.
long.
Management group in regard to sharks means a group of shark species that are combined for quota
management purposes. A management group may be split by region or sub-region, as defined at §
635.27(b)(1). A fishery for a management group can be opened or closed as a whole or at the regional or
sub-regional levels. Sharks have the following management groups: Atlantic aggregated LCS, Gulf of
Mexico aggregated LCS, research LCS, hammerhead, Atlantic non-blacknose SCS, Gulf of Mexico nonblacknose SCS, and pelagic sharks other than blue or porbeagle.
Management unit means in this part:
(1) For Atlantic tunas, longbill spearfish, roundscale spearfish, blue marlin, and white marlin, means all
fish of these species in the Atlantic Ocean;
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50 CFR 635.2 “Management unit” (2)

(2) For sailfish, means all fish of this species in the Atlantic Ocean west of 30° W. long.;
(3) For North Atlantic swordfish, means all fish of this species in the Atlantic Ocean north of 5° N. lat.;
(4) For South Atlantic swordfish, means all fish of this species in the Atlantic Ocean south of 5° N. lat.;
and
(5) For sharks, means all fish of the species listed in Table 1 of Appendix A to this part, in the western
north Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea.
Mid-Atlantic shark closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ
from a point intersecting the inner boundary of the U.S. EEZ at 35°41′ N. lat. just south of Oregon Inlet,
North Carolina, and connecting by straight lines the following coordinates in the order stated: 35°41′ N.
lat., 75°25′ W. long. proceeding due east to 35°41′ N. lat., 74°51′ W. long.; then proceeding southeast to
35°30′ N. lat., 74°46′ W. long.; then proceeding southwest, roughly following the 55 fathom mark, to 33°51′
N. lat., 76°24′ W. long.; then proceeding due west to intersect the inner boundary of the U.S. EEZ at 33°51′
N. lat., 77°53′ W. long. near Cape Fear, North Carolina.
Naturally attached, as it is used to describe shark fins, refers to shark fins that remain attached to the shark
carcass via at least some portion of uncut skin. As used to describe the head of a swordfish, naturally
attached refers to the whole head remaining fully attached to the carcass except for the bill, which may be
removed provided it has been removed forward of the anterior tip of the lower jaw.
Net check refers to a visual inspection of a shark gillnet where the vessel operator transits the length of the gear
and inspects it either with a spotlight or by pulling up the gear.
Non-blacknose SCS means one of the species, or part thereof, listed in heading B, Small Coastal Sharks, of Table
1 of appendix A to this part other than the blacknose shark.
North Atlantic swordfish or North Atlantic swordfish stock means those swordfish occurring in the Atlantic
Ocean north of 5° N. lat.
Northeast Distant gear restricted area (NED) means the Atlantic Ocean area bounded by straight lines
connecting the following coordinates in the order stated: 35°00′ N. lat., 60°00′ W. long.; 55°00′ N. lat.,
60°00′ W. long.; 55°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 60°00′ W. long.
Northeastern United States Pelagic Longline Monitoring Area means the area bounded by straight lines
connecting the following coordinates in the order stated: 40°00′ N lat., 74°00′ W long.; 40°00′ N lat., 68°00′
W long.; 39°00′ N lat., 68°00′ W long.; and 39°00′ N lat., 74°00′ W long.
Offset circle hook means a circle hook originally designed and manufactured so that the barbed end of the hook
is displaced relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side.
Operator, with respect to any vessel, means the master or other individual aboard and in charge of that vessel.
Pectoral fin means the fin located behind the gill cover on either side of a fish.
Pelagic longline means a longline that is suspended by floats in the water column and that is not fixed to or in
contact with the ocean bottom. For the purposes of this part, a vessel is considered to have pelagic
longline gear on board when a power-operated longline hauler, a mainline, floats capable of supporting the
mainline, and leaders (gangions) with hooks are on board. Removal of any of these elements constitutes
removal of pelagic longline gear.
Pelagic shark means one of the species, or a part thereof, listed in heading C, Pelagic Sharks, of Table 1 of
appendix A to this part.
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50 CFR 635.2 “PFCFL”

PFCFL (pectoral fin curved fork length) means the length of a beheaded fish from the dorsal insertion of the
pectoral fin to the fork of the tail measured along the contour of the body in a line that runs along the top
of the pectoral fin and the top of the caudal keel.
Prohibited shark means one of the species, or a part thereof, listed in heading D, Prohibited Sharks, of Table 1 of
appendix A to this part.
Reporting week means the period of time beginning at 0001 local time on Sunday and ending at 2400 hours
local time the following Saturday.
Research LCS means one of the species, or part thereof, listed in heading A, Large Coastal Sharks, of Table 1 of
appendix A to this part, other than sandbar sharks.
Restricted-fishing day (RFD) is a day, beginning at 0000 hours and ending at 2400 hours local time, during which
a person aboard a vessel issued:
(1) An Atlantic Tunas General category permit may not fish for, possess, retain, land, or sell a BFT; and
(2) A Charter/Headboat permit with a commercial endorsement may not fish commercially for BFT
under the General category rules, but may fish for, possess, retain, or land BFT under the Angling
category restrictions and retention limits.
Round wire stock means round metal wire, typically used in the manufacturing of fishing hooks, that has not
been forged, or otherwise modified or treated in any way to increase the original factory tensile strength
set by the hook manufacturer.
Safe handling, release, and identification workshop certificate means the document issued by NMFS, or its
designee, indicating that the person named on the certificate has successfully completed the Atlantic
HMS safe handling, release, and identification workshop.
School BFT means a BFT measuring at least 27 inches (69 cm) and less than 47 inches (119 cm) CFL.
Shark means one of the oceanic species, or a part thereof, listed in Table 1 of Appendix A to this part.
Shark endorsement means an authorization added to an HMS Angling, HMS Charter/Headboat, Atlantic Tunas
General, or Swordfish General Commercial permit that allows for the retention of authorized Atlantic
sharks consistent with all other applicable regulations in this part.
Shark research permit means a permit issued to catch and land a limited number of sharks to maintain time
series for stock assessments and for other scientific research purposes. These permits may be issued
only to the owner of a vessel who has been issued either a directed or incidental shark LAP. The permit is
specific to the commercial shark vessel and owner combination and is valid only per the terms and
conditions listed on the permit.
Sink gillnet means a gillnet that is designed to be or is fished on or near the ocean bottom in the lower third of
the water column by means of a weight line or enough weights and/or anchors that the bottom of the
gillnet sinks to, on, or near the ocean bottom.
Small coastal shark (SCS) means one of the species, or a part thereof, listed in heading B, Small Coastal Sharks,
of Table 1 of appendix A to this part.
Small medium BFT means a BFT measuring at least 59 inches (150 cm) and less than 73 inches (185 cm) CFL.
Smoothhound shark(s) means one of the species, or part thereof, listed in heading E, Smoothhound Sharks, of
Table 1 of appendix A to this part.
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50 CFR 635.2 “South Atlantic swordfish or south Atlantic
swordfish stock”

South Atlantic swordfish or south Atlantic swordfish stock means those swordfish occurring in the Atlantic
Ocean south of 5° N. lat.
Speargun fishing gear means a muscle-powered speargun equipped with a trigger mechanism, a spear with a tip
designed to penetrate and retain fish, and terminal gear. Terminal gear may include, but is not limited to,
trailing lines, reels, and floats. The term “muscle-powered speargun” for the purposes of this part means a
speargun that stores potential energy provided from the operator's muscles, and that releases only the
amount of energy that the operator has provided to it from his or her own muscles. Common energy
storing methods for muscle-powered spearguns include compressing air and springs, and the stretching
of rubber bands.
Spring Gulf of Mexico Pelagic Longline Monitoring Area means two areas within the Gulf of Mexico described
here. The first area is bounded by straight lines connecting the following coordinates in the order stated:
26°30′ N lat., 94°40′ W long.; 27°30′ N lat., 94°40′ W long.; 27°30′ N lat., 89° W long.; 26°30′ N lat., 89° W
long.; 26°30′ N lat., 94°40′ W long. The second area is bounded by straight lines connecting the following
coordinates in the order stated: 27°40′ N lat., 88° W long.; 28° N lat., 88° W long.; 28° N lat., 86° W long.;
27°40′ N lat., 86° W long.; 27°40′ N lat., 88° W long.
Steamboat Lumps closed area means a rectangular-shaped area in the Gulf of Mexico bounded by straight lines
connecting the following coordinates in the order stated: 28°14′ N. lat., 84°48′ W. long.; 28°14′ N. lat.,
84°37′ W. long.; 28°03′ N. lat., 84°37′ W. long.; 28°03′ N. lat., 84°48′ W. long.; and 28°14′ N. lat., 84°48′ W.
long.
Tournament means any fishing competition involving Atlantic HMS in which participants must register or
otherwise enter or in which a prize or award is offered for catching or landing such fish.
Tournament operator means a person or entity responsible for maintaining records of participants and results
used for awarding tournament points or prizes, regardless of whether fish are retained.
Transiting means progressing through an area without any fishing activity occurring.
Trip limit means the total allowable take from a single trip as defined in § 600.10 of this chapter.
Tuna or tuna-like means the Scombriformes (with the exception of families Trichiuridae and Gempylidae and the
genus Scomber) and such other species of fishes that are regulated by ICCAT in the Atlantic Ocean.
Vessel monitoring plan (VMP) means an on-board, EM system reference document required by § 635.9(e)(1).
Weighout slip means a document provided to the owner or operator of the vessel by a person who weighs fish or
parts thereof that are landed from a fishing vessel. A document, such as a “tally sheet,” “trip ticket,” or
“sales receipt,” that contains such information is considered a weighout slip.
Young school BFT means an Atlantic BFT measuring less than 27 inches (69 cm) CFL.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.2, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in § 600.705 of this chapter and in paragraphs (b) and (c)
of this section.
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50 CFR 635.3(b)

(b) In accordance with regulations issued under the Marine Mammal Protection Act of 1972, as amended, it is
unlawful for a commercial fishing vessel, a vessel owner, or a master or operator of a vessel to engage in
fisheries for HMS in the Atlantic Ocean, unless the vessel owner or authorized representative has
complied with specified requirements including, but not limited to, registration, exemption certificates,
decals, and reports, as contained in part 229 of this title.
(c) General provisions on facilitation of enforcement, penalties, and enforcement policy applicable to all
domestic fisheries are set forth in §§ 600.730, 600.735, and § 600.740 of this chapter, respectively.
(d) An activity that is otherwise prohibited by this part may be conducted if authorized as scientific research
activity, exempted fishing or exempted educational activity, or for public display, as specified in § 635.32.
[64 FR 29135, May 28, 1999, as amended at 68 FR 74784, Dec. 24, 2003]

§ 635.4 Permits and fees.
Information on permits and permit requirements may be obtained from the Division Chief or where otherwise stated
in this part.
(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 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.
(3) Property rights. LAPs or any other permit issued pursuant to this part do not represent either an
absolute right to the resource or any interest that is subject to the takings provision of the Fifth
Amendment of the U.S. Constitution. Rather, LAPs represent only a harvesting privilege that may be
revoked, suspended, or amended subject to the requirements of the Magnuson-Stevens Act or other
applicable law.
(4) Dealer permit inspection. A dealer permit issued under this section, or a copy thereof, must be
available at each of the dealer's places of business. A dealer must present the permit or a copy for
inspection upon the request of a NMFS-authorized officer.
(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).

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50 CFR 635.4(a)(6)

(6) Sanctions and denials. A permit issued under this section may be revoked, suspended, or modified,
and a permit application may be denied, in accordance with the procedures governing enforcementrelated permit sanctions and denials found at 15 CFR part 904, subpart D.
(7) Alteration. A vessel or dealer permit that is altered, erased, mutilated, or otherwise modified is
invalid.
(8) Replacement. NMFS may issue a replacement permit upon the request of the permittee. An
application for a replacement permit will not be considered a new application. An appropriate fee,
consistent with paragraph (a)(9) of this section, may be charged for issuance of the replacement
permit.
(9) Fees. NMFS may charge a fee for each application for a permit or for each transfer or replacement of
a permit. The amount of the fee is calculated in accordance with the procedures of the NOAA
Finance Handbook, available from NMFS, for determining administrative costs of each special
product or service. The fee may not exceed such costs and is specified in the instructions provided
with each application form. Each applicant must include the appropriate fee with each application or
request for transfer or replacement. A permit will not be issued to anyone who fails to pay the fee.
(10) Permit condition. An owner of a vessel with a valid Atlantic tunas, swordfish, shark, HMS Angling,
HMS Charter/Headboat, Incidental HMS squid trawl, or HMS Commercial Caribbean Small Boat
permit issued pursuant to this part must agree, as a condition of such permit, that the vessel's HMS
fishing, catch, and gear are subject to the requirements of this part during the period of validity of the
permit, without regard to whether such fishing occurs in the U.S. EEZ, or outside the U.S. EEZ, and
without regard to where such HMS, or gear, are possessed, taken, or landed. However, when a vessel
fishes within the waters of a state that has more restrictive regulations pertaining to HMS, persons
aboard the vessel must abide by the state's more restrictive regulations.
(b) HMS Charter/Headboat permits.
(1) The owner of a charter boat or headboat used to fish for, retain, possess, or land any Atlantic HMS
must obtain an HMS Charter/Headboat permit. In order to fish for, retain, possess, or land Atlantic
sharks, the owner must have a valid shark endorsement issued by NMFS. A vessel issued an HMS
Charter/Headboat permit for a fishing year shall not be issued an HMS Angling permit, a Swordfish
General Commercial 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.
(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 at the time of permit renewal or when
the permit is obtained 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.
(c) HMS Angling permits.
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50 CFR 635.4(c)(1)

(1) The owner of any vessel used to fish recreationally for Atlantic HMS or on which Atlantic HMS are
retained or possessed recreationally, must obtain an HMS Angling permit, except as provided in
paragraph (c)(2) of this section. In order to fish for, retain, possess, or land Atlantic sharks, the owner
must have a valid shark endorsement issued by NMFS. 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, a Swordfish General Commercial permit, or an
Atlantic Tunas permit in any category for that same fishing year, regardless of a change in the
vessel's ownership.
(2) A vessel with a valid Atlantic Tunas General category permit issued under paragraph (d) of this
section or with a valid Swordfish General Commercial permit issued under paragraph (f) of this
section may fish in a recreational HMS fishing tournament if the vessel has registered for, paid an
entry fee to, and is fishing under the rules of a tournament that has registered with NMFS' HMS
Management Division as required under § 635.5(d). When a vessel with a valid Atlantic Tunas
General category permit or a valid Swordfish General Commercial permit is fishing in such a
tournament, such vessel must comply with HMS Angling category regulations, except as provided in
paragraphs (c)(3) through (5) of this section.
(3) A vessel issued an Atlantic Tunas General category permit fishing in a tournament, as authorized
under § 635.4(c)(2), shall comply with Atlantic Tunas General category regulations when fishing for,
retaining, possessing, or landing Atlantic tunas.
(4) A vessel issued a Swordfish General Commercial permit fishing in a tournament, as authorized under
§ 635.4(c)(2), shall comply with Swordfish General Commercial permit regulations when fishing for,
retaining, possessing, or landing Atlantic swordfish.
(5) In order to fish for, retain, possess, or land sharks, the owner of a vessel fishing in a registered
recreational HMS fishing tournament and issued either an Atlantic Tunas General category or
Swordfish General Commercial permit must have a shark endorsement.
(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 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, 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, 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.
(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. A vessel
issued an Atlantic Tunas permit may be issued an HMS Commercial Caribbean Small Boat permit,
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50 CFR 635.4(d)(4)

subject to restrictions set forth at § 635.4(o), within that same fishing year; however, a vessel may
not hold any other HMS fishing permit simultaneously with the HMS Commercial Caribbean Small
Boat permit.
(4) A person can obtain an Atlantic Tunas Longline category LAP for a vessel only if the vessel has been
issued both a LAP for shark and a LAP, other than handgear, for swordfish. Atlantic Tunas Longline
category LAPs may only be obtained through transfer from current owners consistent with the
provisions under paragraph (l)(2) of this section.
(e) Shark vessel permits.
(1) The owner of each vessel used to fish for or take Atlantic sharks or on which Atlantic sharks are
retained, possessed with an intention to sell, or sold must obtain, in addition to any other required
permits, at least one of the Federal Atlantic commercial shark permits described below or an HMS
Commercial Caribbean Small Boat permit. A Federal Atlantic commercial shark permit or HMS
Commercial Caribbean Small Boat permit is not required if the vessel is recreationally fishing and
retains no more sharks than the recreational retention limit specified in § 635.22(c), is operating
pursuant to the conditions of a shark display or EFP issued pursuant to § 635.32, or fishes
exclusively within State waters. It is a rebuttable presumption that the owner or operator of a vessel
without a permit issued pursuant to this part, on which sharks are possessed in excess of the
recreational retention limits, intends to sell the sharks.
(2) The owner of vessels that fish for, take, retain, or possess the Atlantic oceanic sharks listed in
headings A, B, or C of Table 1 of appendix A to this part with an intention to sell must obtain a
Federal Atlantic commercial shark directed or incidental LAP or an HMS Commercial Caribbean
Small Boat permit. The only valid Federal commercial shark directed and shark incidental LAPs are
those that have been issued under the limited access program consistent with the provisions under
paragraphs (l) and (m) of this section.
(3) A vessel owner issued or required to be issued a Federal Atlantic commercial shark directed or shark
incidental LAP may harvest, consistent with the other regulations in this part, any shark species
listed in headings A, B, or C of Table 1 of appendix A to this part.
(4) Owners of vessels that fish for, take, retain, or possess the Atlantic oceanic sharks listed in heading
E, Smoothhound Sharks, of Table 1 of appendix A to this part with an intention to sell them must
obtain a Federal commercial smoothhound permit. In addition to other permits issued pursuant to
this section or other authorities, a Federal commercial smoothhound permit may be issued to a
vessel alone or to a vessel that also holds either a Federal Atlantic commercial shark directed or
incidental LAP.
(f) 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 from
which swordfish are sold, must obtain an HMS Charter/Headboat permit with a commercial sale
endorsement issued under paragraph (b) of this section, or one of the following swordfish permits: A
swordfish directed LAP, swordfish incidental LAP, swordfish handgear LAP, or a Swordfish General
Commercial permit. These permits cannot be held in combination with each other on the same
vessel, except that an HMS Charter/Headboat permit with a commercial sale endorsement may be

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50 CFR 635.4(f)(2)

held in combination with a swordfish handgear LAP on the same vessel. It is a rebuttable
presumption that the owner or operator of a vessel on which swordfish are possessed in excess of
the recreational retention limits intends to sell the swordfish.
(2) The only valid commercial Federal vessel permits for swordfish are the HMS Charter/Headboat
permit with a commercial sale endorsement issued under paragraph (b) of this section (and only
when on a non for-hire trip), the Swordfish General Commercial permit issued under paragraph (f) of
this section, a swordfish LAP issued consistent with paragraphs (l) and (m) of this section, or
permits issued under paragraphs (n) and (o) of this section.
(3) A commercial Federal permit for swordfish is not required if the vessel is recreational fishing.
(4) A directed or incidental swordfish LAP is valid only when the vessel has on board a valid shark LAP
and a valid Atlantic Tunas Longline category LAP issued for such vessel.
(5) A Swordfish General Commercial permit may not be held on a vessel in conjunction with an HMS
Charter/Headboat permit issued under paragraph (b) of this section, an HMS Angling category
permit issued under paragraph (c) of this section, a swordfish LAP issued consistent with
paragraphs (l) and (m) of this section, an Incidental HMS Squid Trawl permit issued under paragraph
(n) of this section, or an HMS Commercial Caribbean Small Boat permit issued under paragraph (o)
of this section. A vessel issued a Swordfish General Commercial open access permit for a fishing
year shall not be issued an HMS Angling permit or an HMS Charter/Headboat permit for that same
fishing year, regardless of a change in the vessel's ownership.
(g) Dealer permits —
(1) Atlantic tunas. A dealer, as defined under § 600.10 of this chapter, must possess a valid federal
Atlantic tunas dealer permit to purchase, trade, or barter any Atlantic tunas except as noted under
paragraph (o) of this section.
(2) Shark. A dealer, as defined in § 600.10 of this chapter, must possess a valid federal Atlantic shark
dealer permit to purchase, trade, or barter any Atlantic shark listed in Table 1 of appendix A to this
part except as noted under paragraph (o) of this section.
(3) Swordfish. A dealer, as defined under § 600.10 of this chapter, must possess a valid federal Atlantic
swordfish dealer permit to purchase, trade, or barter any Atlantic swordfish except as noted under
paragraph (o) of this section.
(h) Applications for permits. An owner of a vessel or a dealer must submit to NMFS, at an address designated
by NMFS, a complete application and required supporting documents at least 30 days before the date on
which the permit is to be made effective. Application forms and instructions for their completion are
available from NMFS.
(1) Atlantic Tunas, HMS Angling, HMS Charter/Headboat, Swordfish General Commercial, Incidental HMS
Squid Trawl, and HMS Commercial Caribbean Small Boat vessel permits.
(i)

An applicant must provide all information concerning his or her identification, vessel, gear used,
fishing areas, fisheries participated in, the corporation or partnership owning the vessel, and
income requirements requested by NMFS and included on the application form.

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50 CFR 635.4(h)(1)(ii)

(ii) An applicant must also submit a copy of the vessel's valid U.S. Coast Guard documentation or,
if not documented, a copy of its valid state registration and any other information that may be
necessary for the issuance or administration of the permit as requested by NMFS. The owner
must submit such information to an address designated by NMFS.
(iii) NMFS may require an applicant to provide documentation supporting the application before a
permit is issued or to substantiate why such permit should not be revoked or otherwise
sanctioned under paragraph (a)(6) of this section.
(iv) An applicant for an incidental HMS squid trawl permit must submit, in addition to all other
information specified in paragraph (h)(1) of this section, a copy of a valid Illex squid
moratorium permit, as described at § 648.4(a)(5)(ii) of this chapter.
(2) LAPs for swordfish and shark. See paragraph (l) of this section for transfers of LAPs for shark and
swordfish. See paragraph (m) of this section for renewals of LAPs for shark and swordfish.
(3) Dealer permits.
(i)

An applicant for a dealer permit must provide all the information requested on the application
form necessary to identify the company, its principal place of business, and mechanisms by
which the company can be contacted.

(ii) An applicant must also submit a copy of each state wholesaler's license held by the dealer and,
if a business is owned by a corporation or partnership, the corporate or partnership documents
requested on the application form.
(iii) An applicant must also submit any other information that may be necessary for the issuance or
administration of the permit, as requested by NMFS.
(i)

Change in application information. A vessel owner or dealer must report any change in the information
contained in an application for a permit within 30 days after such change. The report must be submitted
in a manner and/or to a location designated by NMFS. For certain information changes, a new permit may
be issued to incorporate the new information, subject to limited access provisions specified in paragraph
(l)(2) of this section. NMFS may require supporting documentation before a new permit will be issued. If a
change in the permit information is not reported within 30 days, the permit is void as of the 31st day after
such change.

(j)

Permit issuance.
(1) NMFS will issue a permit within 30 days of receipt of a complete and qualifying application. An
application is complete when all requested forms, information, and documentation have been
received, including all reports and fishing or catch information required to be submitted under this
part.
(2) NMFS will notify the applicant of any deficiency in the application, including failure to provide
information or reports required to be submitted under this part. If the applicant fails to correct the
deficiency within 30 days following the date of notification, the application will be considered
abandoned.

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50 CFR 635.4(j)(3)

(3) A vessel owner issued an Atlantic Tunas permit in the General, Harpoon, or Trap category or an
Atlantic HMS permit in the Angling or Charter/Headboat category under paragraph (b), (c), or (d) of
this section may change the category of the vessel permit at any time during the fishing year,
provided the vessel has not landed BFT during that fishing year as verified by NMFS via landings
data.
(4) In order to obtain a shark endorsement to fish for, retain, possess, or land sharks, a vessel owner with
a vessel fishing in a registered recreational HMS fishing tournament and issued or required to be
issued either an Atlantic Tunas General category or Swordfish General Commercial permit or a
vessel owner of a vessel issued or required to be issued an HMS Angling or HMS Charter/Headboat
permit must take a shark endorsement online quiz. After completion of the quiz, NMFS will issue the
vessel owner a new or revised permit with the shark endorsement for the vessel. The vessel owner
can take the quiz at any time during the fishing year, but his or her vessel may not leave the dock on
a trip during which sharks will be fished for, retained, possessed, or landed unless a new or revised
permit with a shark endorsement has been issued by NMFS for the vessel. The addition of a shark
endorsement to the permit does not constitute a permit category change and does not change the
timing considerations for permit category changes specified in paragraph (j)(3) of this section.
Vessel owners may request that NMFS remove the shark endorsement from the permit at any time.
If NMFS removes the shark endorsement from the vessel permit, no person on board the vessel may
fish for, retain, possess, or land sharks.
(k) Duration. A permit issued under this section will be valid for the period specified on it unless it is revoked,
suspended, or modified pursuant to subpart D of 15 CFR part 904, the vessel or dealership is sold, or any
other information previously submitted on the application changes, as specified in paragraph (i) of this
section.
(l)

Transfer —
(1) General. A permit issued under this section is not transferable or assignable to another vessel or
owner or dealer; it is valid only for the vessel or owner or dealer to whom it is issued. If a person
acquires a vessel or dealership and wants to conduct activities for which a permit is required, that
person must apply for a permit in accordance with the provisions of paragraph (h) of this section or,
if the acquired vessel is permitted in either the shark, swordfish, or tuna longline fishery, in
accordance with paragraph (l)(2) of this section. If the acquired vessel or dealership is currently
permitted, an application must be accompanied by the original permit, by a copy of a signed bill of
sale or equivalent acquisition papers, and the appropriate workshop certificates as specified in §
635.8.
(2) Shark, swordfish, and tuna longline LAPs.
(i)

Subject to the restrictions on upgrading the harvesting capacity of permitted vessels in
paragraph (l)(2)(ii) of this section, as applicable, and to the limitations on ownership of
permitted vessels in paragraph (l)(2)(iii) of this section, an owner may transfer a shark or
swordfish LAP or an Atlantic Tunas Longline category permit to another vessel that he or she
owns or to another person. Directed handgear LAPs for swordfish may be transferred to
another vessel or to another person but only for use with handgear and subject to the
upgrading restrictions in paragraph (l)(2)(ii) of this section and the limitations on ownership of
permitted vessels in paragraph (l)(2)(iii) of this section. Shark directed and incidental LAPs,
swordfish directed and incidental LAPs, and Atlantic Tunas Longline category permits are not

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subject to the upgrading requirements specified in paragraph (l)(2)(ii) of this section. Shark and
swordfish incidental LAPs are not subject to the ownership requirements specified in paragraph
(l)(2)(iii) of this section.
(ii) An owner may upgrade a vessel with a swordfish handgear LAP, or transfer such permit to
another vessel or to another person, and be eligible to retain or renew such permit only if the
upgrade or transfer does not result in an increase in horsepower of more than 20 percent or an
increase of more than 10 percent in length overall, gross registered tonnage, or net tonnage
from the vessel baseline specifications.
(A) The vessel baseline specifications are the respective specifications (length overall, gross
registered tonnage, net tonnage, horsepower) of the first vessel that was issued an initial
LAP or, if applicable, of that vessel's replacement owned as of May 28, 1999.
(B) Subsequent to the issuance of a swordfish handgear LAP, the vessel's horsepower may be
increased, relative to the baseline specifications of the vessel initially issued the LAP,
through refitting, replacement, or transfer. Such an increase may not exceed 20 percent of
the baseline specifications of the vessel initially issued the LAP.
(C) Subsequent to the issuance of a swordfish handgear LAP, the vessel's length overall, gross
registered tonnage, and net tonnage may be increased, relative to the baseline
specifications of the vessel initially issued the LAP, through refitting, replacement, or
transfer. An increase in any of these three specifications of vessel size may not exceed 10
percent of the baseline specifications of the vessel initially issued the LAP. This type of
upgrade may be done separately from an engine horsepower upgrade.
(iii) No person or entity may own or control more than 5 percent of the vessels for which swordfish
directed, shark directed, or Atlantic Tunas Longline category LAPs have been issued.
(iv) In order to transfer a swordfish, shark, or an Atlantic Tunas Longline category LAP to a
replacement vessel, the owner of the vessel issued the LAP must submit a request to NMFS, at
an address designated by NMFS, to transfer the LAP to another vessel, subject to requirements
specified in paragraph (l)(2)(ii) of this section, if applicable. The owner must return the current
valid LAP to NMFS with a complete application for a LAP, as specified in paragraph (h) of this
section, for the replacement vessel. Copies of both vessels' U.S. Coast Guard documentation or
state registration must accompany the application.
(v) For swordfish, shark, and Atlantic Tunas Longline category LAP transfers to a different person,
the transferee must submit a request to NMFS, at an address designated by NMFS, to transfer
the original LAP(s), subject to the requirements specified in paragraphs (l)(2)(ii) and (iii) of this
section, if applicable. The following must accompany the completed application: The original
LAP(s) with signatures of both parties to the transaction on the back of the permit(s) and the
bill of sale for the permit(s). A person must include copies of both vessels' U.S. Coast Guard
documentation or state registration for LAP transfers involving vessels.
(vi) For LAP transfers in conjunction with the sale of the permitted vessel, the transferee of the
vessel and LAP(s) issued to that vessel must submit a request to NMFS, at an address
designated by NMFS, to transfer the limited access permit(s) LAP(s), subject to the
requirements specified in paragraphs (l)(2)(ii) and (iii) of this section, if applicable. The
following must accompany the completed application: The original LAP(s) with signatures of
both parties to the transaction on the back of the permit(s), the bill of sale for the LAP(s) and
the vessel, and a copy of the vessel's U.S. Coast Guard documentation or state registration.
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(vii) The owner of a vessel issued a LAP(s) who sells the permitted vessel but retains the LAP(s)
must notify NMFS within 30 days after the sale of the change in application information in
accordance with paragraph (i) of this section. If the owner wishes to transfer the LAP(s) to a
replacement vessel, he/she must apply according to the procedures in paragraph (l)(2)(iv) of
this section.
(viii) As specified in paragraph (f)(4) of this section, a directed or incidental swordfish LAP, a directed
or incidental shark LAP, and an Atlantic Tunas Longline category LAP are required to retain
swordfish for commercial purposes. Accordingly, a swordfish LAP obtained by transfer without
either a directed or incidental shark LAP or an Atlantic Tunas Longline category LAP will not
entitle an owner or operator to use a vessel to fish in the swordfish fishery.
(ix) As specified in paragraph (d)(4) of this section, a directed or incidental swordfish LAP, a
directed or incidental shark LAP, and an Atlantic Tunas Longline category LAP are required to
retain Atlantic tunas taken by pelagic longline gear. Accordingly, an Atlantic Tunas Longline
category LAP obtained by transfer without either a directed or incidental swordfish or shark
LAP will not entitle an owner or operator to use the permitted vessel to fish in the Atlantic tunas
fishery with pelagic longline gear.
(m) Renewal —
(1) 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, swordfish, Incidental HMS
squid trawl, or HMS Commercial Caribbean Small Boat vessel permit. Except as specified in the
instructions for automated renewals, persons must submit a renewal application to NMFS, along
with a copy of the applicable valid workshop certificate or certificates, if required pursuant to §
635.8, 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 if the specific requirements for the requested
permit are met, including those described in paragraphs (h)(1)(iv) and (l)(2) of this section; all
reports required under the Magnuson-Stevens Act and ATCA have been submitted, including those
described in §§ 635.5 and 300.185 of this title; the applicant is not subject to a permit sanction or
denial under paragraph (a)(6) of this section; and the workshop requirements specified in § 635.8
are met.
(2) Shark and swordfish permits. A vessel owner must obtain the applicable LAP(s) issued pursuant to
the requirements in paragraphs (e) and (f) of this section and/or a Federal commercial smoothhound
permit issued under paragraph (e) of this section; or an HMS Commercial Caribbean Small Boat
permit issued under paragraph (o) of this section, if: The vessel is used to fish for or take sharks
commercially from the management unit; sharks from the management unit are retained or
possessed on the vessel with an intention to sell; or sharks from the management unit are sold from
the vessel. A vessel owner must obtain the applicable LAP(s) issued pursuant to the requirements in
paragraphs (e) and (f) of this section, a Swordfish General Commercial permit issued under
paragraph (f) of this section, an Incidental HMS Squid Trawl permit issued under paragraph (n) of
this section, an HMS Commercial Caribbean Small Boat permit issued under paragraph (o) of this
section, or an HMS Charter/Headboat permit with a commercial sale endorsement issued under
paragraph (b) of this section, 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
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vessels issued an HMS Charter/Headboat permit with a commercial sale endorsement is
permissible only when the vessel is on a non for-hire trip. Only persons holding non-expired shark
and swordfish LAP(s) in the preceding year are eligible to renew those LAP(s). Transferors may not
renew LAP(s) that have been transferred according to the procedures in paragraph (l) of this section.
(n) Incidental HMS Squid Trawl permits.
(1) The owner of a vessel in the squid trawl fishery, as described at § 635.24(b)(2), on which Atlantic
swordfish are retained, or possessed with an intention to sell, or from which Atlantic swordfish are
sold must obtain, in addition to any other required permits, an Incidental HMS squid trawl permit.
(2) An Incidental HMS squid trawl permit is valid only when the vessel has on board a valid Illex squid
moratorium permit, as described at § 648.4(a)(5)(ii) of this chapter, and no commercial fishing gear
other than trawl gear.
(o) HMS Commercial Caribbean Small Boat permits.
(1) The owner of a vessel who fishes in the U.S. Caribbean, as defined at § 622.2 of this chapter,
possesses handgear or green-stick gear and retains, with the intention to sell, any BAYS tunas,
Atlantic swordfish, or Atlantic sharks may obtain an HMS Commercial Caribbean Small Boat permit.
An HMS Commercial Caribbean Small Boat permit is valid only within the U.S. Caribbean, as defined
at § 622.2 of this chapter.
(2) To be eligible for an HMS Commercial Caribbean Small Boat permit, vessel owners must provide
documentation that the vessel is less than or equal to 13.7 m (45 ft) in length overall.
(3) A vessel issued an HMS Commercial Caribbean Small Boat permit may not be issued any other HMS
fishing permit, except those issued under § 635.32, as long as the HMS Commercial Caribbean
Small Boat permit is valid.
(4) The owner of a vessel issued an HMS Commercial Caribbean Small Boat permit may fish for, take,
retain, or possess only BAYS tunas, Atlantic swordfish, and Atlantic sharks, subject to the trip limits
specified at § 635.24.
(5) HMS landed under an HMS Commercial Caribbean Small Boat permit may be sold by the owner or
operator to individuals who do not possess a valid HMS dealer permit otherwise required under §
635.4(g). HMS Commercial Caribbean Small Boat permit holders may not sell HMS harvested or
landed by another vessel or purchase, barter, or trade for HMS harvested by other vessels with the
intent to sell.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.4, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.5 Recordkeeping and reporting.
Information on HMS vessel and dealer reporting requirements may be obtained from the Division Chief or where
otherwise stated in this part.
(a) Vessels —
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(1) Logbooks. If an owner of an HMS charter/headboat vessel, an Atlantic tunas vessel, a shark vessel, a
swordfish vessel, or a vessel in the squid trawl fishery for which a permit has been issued under §
635.4(b), (d), (e), (f), or (n) is selected for logbook reporting in writing by NMFS, he or she must
maintain and submit a fishing record on a logbook form specified by NMFS. Entries are required
regarding the vessel's fishing effort and the number of fish landed and discarded. Entries on a day's
fishing activities must be entered on the logbook form within 48 hours of completing that day's
activities or before offloading, whichever is sooner. The owner or operator of the vessel must submit
the logbook form(s) postmarked within 7 days of offloading all Atlantic HMS. If no fishing occurred
during a calendar month, a no-fishing form so stating must be submitted postmarked no later than 7
days after the end of that month. If an owner of an HMS charter/headboat vessel, Atlantic tunas
vessel, shark vessel, swordfish vessel, or a vessel in the squid trawl fishery permitted under §
635.4(b), (d), (e), (f), or (n) is selected in writing by NMFS to complete the cost-earnings portion of
the logbook(s), the owner or operator must maintain and submit the cost-earnings portion of the
logbook postmarked no later than 30 days after completing the offloading for each trip fishing for
Atlantic HMS during that calendar year, and submit the Atlantic Highly Migratory Species Annual
Expenditures form(s) postmarked no later than the date specified on the form of the following year.
(2) Weighout slips. If an owner of a permitted vessel is required to maintain and submit logbooks under
paragraph (a)(1) of this section, and Atlantic HMS harvested on a trip are sold, the owner or operator
must obtain and submit copies of weighout slips for those fish. Each weighout slip must show the
dealer to whom the fish were transferred, the date they were transferred, and the carcass weight of
each fish for which individual weights are normally recorded. For fish that are not individually
weighed, a weighout slip must record total weights by species and market category. A weighout slip
for sharks prior to or as part of a commercial transaction involving shark carcasses or fins must
record the weights of carcasses and any detached fins. The owner or operator must also submit
copies of weighout slips with the logbook forms required to be submitted under paragraph (a)(1) of
this section.
(3) BFT landed by a commercial vessel and not sold. If a person who catches and lands a large medium
or giant BFT from a vessel issued a permit in any of the commercial categories for Atlantic tunas
does not sell or otherwise transfer the BFT to a dealer who has a dealer permit for Atlantic tunas, the
person must contact a NMFS enforcement agent, as instructed by NMFS, immediately upon landing
such BFT, provide the information needed for the reports required under paragraph (b)(2)(i) of this
section, and, if requested, make the tuna available so that a NMFS enforcement agent or authorized
officer may inspect the fish and attach a tag to it. Alternatively, such reporting requirement may be
fulfilled if a dealer who has a dealer permit for Atlantic tunas affixes a dealer tag as required under
paragraph (b)(2)(ii) of this section and reports the BFT as being landed but not sold on the reports
required under paragraph (b)(2)(i) of this section. If a vessel is placed on a trailer, the person must
contact a NMFS enforcement agent, or the BFT must have a dealer tag affixed to it by a permitted
Atlantic tunas dealer, immediately upon the vessel being removed from the water. All BFT landed but
not sold will be accounted against the quota category according to the permit category of the vessel
from which it was landed.
(4) Bluefin tuna discarded dead, or landed by a commercial vessel and sold. The owner of a vessel that
has been permitted or that is required to be permitted under § 635.4 in the Atlantic Tunas General or
Harpoon categories, or has been permitted or is required to be permitted under § 635.4 under the
HMS Charter/Headboat category and fishing under the General category quotas and daily limits as
specified at § 635.23(c), must report all dead discards and/or landings of bluefin tuna through the
NMFS electronic catch reporting system within 24 hours of the landings or the end of trip. Such
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reports may be made by either calling a phone number designated by NMFS or by submitting the
required information online to a website or application designated by NMFS. The owner of a vessel
that has been permitted in a different bluefin tuna category must report as specified elsewhere in
this section.
(5) Chartering arrangements.
(i)

For the purposes of this section, a chartering arrangement means any contract, agreement, or
commitment between a U.S. vessel owner and a foreign entity (e.g., government, company,
person) by which the control, use, possession, or services of a vessel are secured, for a period
of time for fishing targeting Atlantic HMS. Chartering arrangements under this part do not
include bareboat charters under which a vessel enters into a fishing agreement with a foreign
entity, changes registration to fish under another country's registration then, once the agreedupon fishing is completed, reverts back to the vessel's original registration.

(ii) Before fishing under a chartering arrangement, the owner of a fishing vessel subject to U.S.
jurisdiction must apply for, and obtain, a chartering permit as specified in § 635.32(e) and (g). If
a chartering permit is obtained, the vessel owner must submit catch information as specified in
the terms and conditions of that permit. All catches will be recorded and counted against the
applicable quota of the Contracting Party to which the chartering foreign entity is a member
and, unless otherwise provided in the chartering permit, must be offloaded in the ports of the
chartering foreign entity or offloaded under the direct supervision of the chartering foreign
entity.
(iii) If the chartering arrangement terminates before the expiration of the charter permit, the vessel
owner must notify NMFS immediately and in writing, upon termination of the chartering
arrangement. Such notification requirements shall also apply to situations where the chartering
arrangement is temporarily suspended and during intermittent periods where the vessel may be
fishing under U.S. quotas for Atlantic HMS.
(6) Atlantic Tunas Longline category permitted vessels. The owner or operator of a vessel issued, or that
should have been issued, an Atlantic Tunas Longline category permit is subject to the VMS reporting
requirements under § 635.69(e)(4) and the applicable IBQ Program and/or leasing requirements
under § 635.15.
(b) Dealers. Persons who have been issued a dealer permit under § 635.4 must submit reports to NMFS, to an
address designated by NMFS, and maintain records as follows:
(1) Atlantic HMS.
(i)

Dealers that have been issued or should have been issued a Federal Atlantic BAYS tunas,
swordfish, and/or shark dealer permit under § 635.4 must submit to NMFS all reports required
under this section within the timeframe specified under paragraph (b)(1)(ii) of this section.
BAYS tunas, swordfish, and sharks commercially-harvested by a vessel can only be first
received by dealers that have been issued or should have been issued an Atlantic tunas,
swordfish, and/or shark dealer permit under § 635.4. All federal Atlantic HMS dealers must
provide a detailed report of all fish first received to NMFS within the period specified under
paragraph (b)(1)(ii) of this section. All reports must be species-specific and must include the
required information about all swordfish and sharks received by the dealer, including the
required vessel information, regardless of where the fish were harvested or whether the
harvesting vessel is permitted under § 635.4. For sharks, each report must specify the total
weight of the carcass(es) without the fins for each species, and the total fin weight by grade for

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all sharks combined. Dealers are also required to submit “negative” reports, indicating no
receipt of any species, within the timeframe specified under paragraph (b)(1)(ii) of this section
if they did not first receive any fish during the reporting period. As stated in § 635.4(a)(6), failure
to comply with these recordkeeping and reporting requirements may result in existing dealer
permit(s) being revoked, suspended, or modified, and in the denial of any permit applications.
(ii) Reports of any Atlantic BAYS tunas, sharks, and/or swordfish first received by dealers from a
vessel must be submitted electronically on a weekly basis through a NMFS-approved electronic
reporting system by the dealer and received by NMFS no later than midnight, local time, of the
first Tuesday following the end of the reporting week unless the dealer is otherwise notified by
NMFS. Reports of BAYS tunas, sharks, and/or swordfish may be modified for not more than 30
days from when the dealer report is submitted to NMFS. NMFS will require BAYS tunas,
swordfish, and shark dealers to submit dealer reports to NMFS on a weekly basis. Atlantic
BAYS tunas, sharks, and swordfish dealers must submit electronic negative reports stating that
no BAYS tunas, sharks, and/or swordfish were first received when they received no fish of these
species, and no parts thereof, during the reporting period. Reporting requirements for bluefin
tuna are specified in paragraph (b)(2) of this section. The negative reporting requirement does
not apply for bluefin tuna.
(iii) Atlantic HMS dealers are not authorized to first receive Atlantic swordfish, sharks, and/or BAYS
tunas if the required reports have not been submitted and received by NMFS according to
reporting requirements under this section. Delinquent reports automatically result in an Atlantic
HMS dealer becoming ineligible to first receive Atlantic swordfish, sharks, and/or BAYS tunas.
Atlantic HMS dealers who become ineligible to first receive Atlantic swordfish, sharks, and/or
BAYS tunas due to delinquent reports are authorized to first receive Atlantic swordfish, sharks,
and/or BAYS tunas only once all required and delinquent reports have been completed,
submitted by the dealer, and received by NMFS.
(2) Requirements for bluefin tuna —
(i)

Dealer reports —
(A) Landing reports. Each dealer with a valid Atlantic Tunas dealer permit issued under §
635.4 must submit the landing reports to NMFS for each BFT received from a U.S. fishing
vessel. Such reports must be submitted as instructed by NMFS not later than 24 hours
after receipt of the BFT. Landing reports must include the name and permit number of the
vessel that landed the BFT and other information regarding the catch as instructed by
NMFS. When purchasing BFT from eligible IBQ Program participants, permitted Atlantic
Tunas dealers must enter landing reports into the Catch Shares Online System established
under § 635.15, not later than 24 hours after receipt of the BFT. The dealer must inspect
the vessel's permit to verify that it is a commercial category, that the required vessel name
and permit number as listed on the permit are correctly recorded in the landing report, and
that the vessel permit has not expired.
(B) Bi-weekly reports. Each dealer with a valid Atlantic tunas permit under § 635.4 must
submit a complete bi-weekly report on forms available from NMFS for BFT received from
U.S. vessels. For BFT received from U.S. vessels on the 1st through the 15th of each month,
the dealer must submit the bi-weekly report form to NMFS, to be received by NMFS, not
later than the 25th of that month. Reports of BFT received on the 16th through the last day
of each month must be received by NMFS not later than the 10th of the following month.

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(ii) Dealer tags. NMFS will issue numbered dealer tags to each person issued a dealer permit for
Atlantic tunas under § 635.4. A dealer tag is not transferable and is usable only by the dealer to
whom it is issued. Dealer tags may not be reused once affixed to a tuna or recorded on a
package, container, or report.
(A) Affixing dealer tags. A dealer or a dealer's agent must affix a dealer tag to each BFT
purchased or first received from a U.S. vessel immediately upon offloading the BFT. A
dealer's agent is a person who is currently employed by a place of business covered by the
dealer's permit; is a primary participant in the identification, weighing, and/or first receipt
of fish as they are received; and fills out dealer reports as required under § 635.5. If a
vessel is placed on a trailer, the dealer or dealer's agent must affix the dealer tag to the
BFT immediately upon the vessel being removed from the water. The dealer tag must be
affixed to the BFT between the fifth dorsal finlet and the caudal keel. Regardless of when
the BFT was landed, on an RFD (as specified at § 635.23(a)), no dealer or dealer's agent
shall purchase, first receive, or affix a dealer tag to a BFT that is on or from a vessel that
has an Atlantic Tunas General category permit or HMS Charter/Headboat permit with a
commercial sale endorsement.
(B) Removal of dealer tags. A dealer tag affixed to any BFT under paragraph (b)(2)(ii)(A) of this
section or a BSD tag affixed to an imported bluefin tuna must remain on the fish until it is
cut into portions. If the bluefin tuna or bluefin tuna parts subsequently are packaged for
transport for domestic commercial use or for export, the number of the dealer tag or the
BSD tag must be written legibly and indelibly on the outside of any package containing the
tuna. Such tag number also must be recorded on any document accompanying the
shipment of bluefin tuna for commercial use or export.
(iii) Dealers must comply with dealer requirements related to the Individual Bluefin Quota Program
under § 635.15(a)(4)(iii).
(3) Recordkeeping. Dealers must retain at their place of business a copy of each report required under
paragraphs (b)(1)(i), (b)(1)(ii), and (b)(2)(i) of this section for a period of 2 years from the date on
which each report was required to be submitted.
(c) Anglers. All bluefin tuna, billfish, and North Atlantic swordfish non-tournament landings must be reported
as specified under paragraphs (c)(1) or (c)(2) of this section, unless an alternative recreational catch
reporting system has been established as specified under paragraph (c)(3) of this section. Tournament
landings must be reported as specified under paragraph (d) of this section.
(1) Bluefin tuna. The owner of a vessel permitted, or required to be permitted in the Atlantic HMS Angling
or Atlantic HMS Charter/Headboat category under § 635.4 must report the catch of all bluefin tuna
discarded dead and/or retained under the Angling category quota designated at § 635.27(a) through
the NMFS electronic catch reporting system within 24 hours of the landing.
(2) Non-tournament landings. The owner, or the owner's designee, of a vessel permitted, or required to
be permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category must report
all non-tournament landings of Atlantic blue marlin, Atlantic white marlin, roundscale spearfish, and
Atlantic sailfish, and all non-tournament and non-commercial landings of North Atlantic swordfish to
NMFS by telephone to a number designated by NMFS, or electronically via the internet to an internet
website designated by NMFS, or by other means as specified by NMFS, within 24 hours of that
landing. For telephone landing reports, the owner, or the owner's designee, must provide a contact
phone number so that a NMFS designee can call the vessel owner, or the owner's designee, for
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follow up questions and to confirm the reported landing. Regardless of how submitted, landing
reports submitted to NMFS are not complete unless the vessel owner, or the owner's designee, has
received a confirmation number from NMFS or a NMFS designee.
(3) Alternative recreational catch reporting. Alternative recreational catch reporting procedures may be
established by NMFS with cooperation from states which may include such methodologies as
telephone, dockside or mail surveys, mail in or phone-in reports, tagging programs, catch cards, 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 satisfies the reporting requirements of paragraph (c) of this
section.
(d) Tournament operators. For all tournaments that are conducted from a port in an Atlantic coastal state,
including the U.S. Virgin Islands and Puerto Rico, a tournament operator must register with NMFS at least
4 weeks prior to commencement of the tournament. A tournament is not registered unless the
tournament operator has received a confirmation number from NMFS. Tournament operators must
maintain and submit to NMFS details of the tournament catch and fishing activities, completing all
required fields, on the NMFS tournament summary report no later than 7 days after the tournament has
ended.
(e) Inspection. Any person authorized to carry out enforcement activities under the regulations in this part
has the authority, without warrant or other process, to inspect, at any reasonable time, catch on board a
vessel or on the premises of a dealer, logbooks, catch reports, statistical records, sales receipts, or other
records and reports required by this part to be made, kept, or furnished. An owner or operator of a fishing
vessel that has been issued a permit under § 635.4 or § 635.32 must allow NMFS or an authorized person
to inspect and copy any required reports and the records, in any form, on which the completed reports are
based, wherever they exist. An agent of a person issued a permit under this part, or anyone responsible
for offloading, storing, packing, or selling regulated HMS for such permittee, shall be subject to the
inspection provisions of this section.
(f) Additional data and inspection. Additional data on fishing effort directed at Atlantic HMS or on catch of
Atlantic HMS, regardless of whether retained, may be collected by contractors and statistical reporting
agents, as designees of NMFS, and by authorized officers. A person issued a permit under § 635.4 is
required to provide requested information about fishing activity, and a person, regardless of whether
issued a permit under § 635.4, who possesses an Atlantic HMS is required to make such fish or parts
thereof available for inspection by NMFS or its designees upon request.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.5, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§ 635.6 Vessel and gear identification.
(a) Vessel number. For the purposes of this section, a vessel's number is the vessel's official number issued
by either by the U.S. Coast Guard or by the appropriate state agency.
(b) Vessel identification.
(1) An owner or operator of a vessel for which a permit has been issued under § 635.4, other than an
HMS Angling permit, must display the vessel number—
(i)

On the port and starboard sides of the deckhouse or hull and on an appropriate weather deck,
so as to be clearly visible from an enforcement vessel or aircraft.

(ii) In block Arabic numerals permanently affixed to or painted on the vessel in contrasting color to
the background.
(iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft (19.8 m) in length; at least 10 inches
(25.4 cm) in height for all other vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6
cm) in height for vessels 25 ft (7.6 m) in length or less.
(2) The owner or operator of a vessel for which a permit has been issued under § 635.4 must keep the
vessel's number clearly legible and in good repair and ensure that no part of the vessel, its rigging, its
fishing gear, or any other material on board obstructs the view of the vessel's number from an
enforcement vessel or aircraft.
(c) Gear identification.
(1) The owner or operator of a vessel for which a permit has been issued under § 635.4 and that uses
handline, buoy gear, harpoon, longline, or gillnet, must display the vessel's name, registration number,
or Atlantic Tunas, HMS Angling, or HMS Charter/Headboat permit number on each float attached to
a handline, buoy gear, or harpoon, and on the terminal floats and high-flyers (if applicable) on a
longline or gillnet used by the vessel. The vessel's name or number must be at least 1 inch (2.5 cm)
in height in block letters or Arabic numerals in a color that contrasts with the background color of the
float or high-flyer.
(2) An unmarked handline, buoy gear, harpoon, longline, or gillnet, is illegal and may be disposed of in an
appropriate manner by NMFS or an authorized officer.
[64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001; 67 FR 77437, Dec. 18, 2002; 71 FR 58166, Oct. 2, 2006;
83 FR 33153, July 17, 2018]

§ 635.7 At-sea observer coverage.
(a) Applicability. NMFS may select for at-sea observer coverage any vessel that has an Atlantic HMS, tunas,
shark, or swordfish permit issued under § 635.4 or § 635.32. When selected, vessels are required to take
observers on a mandatory basis. Vessels permitted in the HMS Charter/Headboat and Angling categories
may be requested to take observers on a voluntary basis.
(b) Selection of vessels. NMFS will notify a vessel owner, in writing, by email, by phone, or in person when his
or her vessel is selected for observer coverage. Vessels will be selected to provide information on catch,
bycatch and other fishery data according to the need for representative samples.

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(c) Notification of trips. If selected to carry an observer, it is the responsibility of the vessel owner to arrange
for and facilitate observer placement. The owner or operator of a vessel that is selected under paragraph
(b) of this section must notify NMFS, at an address or by phone at a number designated by NMFS, before
commencing any fishing trip that may result in the incidental catch or harvest of Atlantic HMS.
Notification procedures and information requirements will be specified in a selection letter sent by NMFS.
(d) Assignment of observers. Once a selected vessel notifies NMFS or its designee, NMFS will assign an
observer for that trip based on current information needs relative to the expected catch and bycatch likely
to be associated with the indicated gear deployment, trip duration and fishing area. If an observer is not
assigned for a fishing trip, NMFS, or their designated observer service provider, will issue a waiver for that
trip to the owner or operator of the selected vessel, so long as the waiver is consistent with other
applicable laws. If an observer is assigned for a trip, the operator of the selected vessel must arrange to
embark the observer and shall not fish for or retain any Atlantic HMS unless the NMFS-assigned observer
is aboard.
(e) Requirements. The owner or operator of a vessel on which a NMFS-approved observer is embarked,
regardless of whether required to carry the observer, must comply with safety regulations in § 600.725
and § 600.746 of this chapter and—
(1) Provide accommodations and food that are equivalent to those provided to the crew.
(2) Allow the observer access to and use of the vessel's communications equipment and personnel
upon request for the transmission and receipt of messages related to the observer's duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(5) Allow the observer to inspect and copy the vessel's log, communications logs, and any records
associated with the catch and distribution of fish for that trip.
(6) Notify the observer in a timely fashion of when fishing operations are to begin and end.
(f) Vessel responsibilities. An owner or operator of a vessel required to carry one or more observer(s) must
provide reasonable assistance to enable observer(s) to carry out their duties, including, but not limited to:
(1) Measuring decks, codends, and holding bins.
(2) Providing the observer(s) with a safe work area.
(3) Collecting bycatch when requested by the observer(s).
(4) Collecting and carrying baskets of fish when requested by the observer(s).
(5) Allowing the observer(s) to collect biological data and samples.
(6) Providing adequate space for storage of biological samples.
[80 FR 73144, Nov. 24, 2015]

§ 635.8 Workshops.
(a) Safe handling, release, and identification workshops.
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(1) Both the owner and operator of a vessel that fishes with longline or gillnet gear must be certified by
NMFS, or its designee, as having completed a workshop on the safe handling, release, and
identification of protected species before a shark or swordfish LAP, pursuant to § 635.4(e) and (f), is
renewed. For the purposes of this section, it is a rebuttable presumption that a vessel fishes with
longline or gillnet gear if: Longline or gillnet gear is onboard the vessel; logbook reports indicate that
longline or gillnet gear was used on at least one trip in the preceding year; or, in the case of a permit
transfer to new owners that occurred less than a year ago, logbook reports indicate that longline or
gillnet gear was used on at least one trip since the permit transfer.
(2) NMFS, or its designee, will issue a safe handling, release, and identification workshop certificate to
any person who completes a safe handling, release, and identification workshop. If an owner owns
multiple vessels, NMFS will issue a certificate for each vessel that the owner owns upon successful
completion of one workshop. An owner who is also an operator will be issued multiple certificates,
one as the owner of the vessel and one as the operator.
(3) The owner of a vessel that fishes with longline or gillnet gear, as specified in paragraph (a)(1) of this
section, is required to possess on board the vessel a valid protected species safe handling, release,
and identification workshop certificate issued to that vessel owner. A copy of a valid protected
species safe handling, release, and identification workshop certificate issued to the vessel owner for
a vessel that fishes with longline or gillnet gear must be included in the application package to renew
or obtain a shark or swordfish LAP.
(4) An operator that fishes with longline or gillnet gear as specified in paragraph (a)(1) of this section
must possess on board the vessel a valid safe handling, release, and identification workshop
certificate issued to that operator, in addition to a certificate issued to the vessel owner.
(b) Atlantic shark identification workshops.
(1) As of December 31, 2007, all Federal Atlantic shark dealers permitted or required to be permitted
pursuant to § 635.4(g)(2), or a proxy for each place of business as specified in paragraph (b)(4) of
this section, must be certified by NMFS, or its designee, as having completed an Atlantic shark
identification workshop.
(2) NMFS, or its designee, will issue an Atlantic shark identification workshop certificate to any person
who completes an Atlantic shark identification workshop.
(3) Dealers who own multiple businesses and who attend and successfully complete the workshop will
be issued a certificate for each place of business that is permitted to receive sharks pursuant to §
635.4(g)(2).
(4) Only dealers issued a valid shark dealer permit may send a proxy to the Atlantic shark identification
workshops. If a dealer opts to send a proxy, the dealer must designate at least one proxy from each
place of business listed on the dealer permit, issued pursuant to § 635.4(g)(2), which first receives
Atlantic shark. The proxy must be a person who is currently employed by a place of business
covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first
receipt of fish as they are received; and fills out dealer reports as required under § 635.5. Only one
certificate will be issued to each proxy. If a proxy is no longer employed by a place of business
covered by the dealer's permit, the dealer or another proxy must be certified as having completed a
workshop pursuant to this section. At least one individual from each place of business listed on the
dealer permit which first receives Atlantic sharks must possess a valid Atlantic shark identification
workshop certificate.
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(5) An Atlantic shark dealer issued or required to be issued a shark dealer permit pursuant to §
635.4(g)(2) must possess and make available for inspection a valid dealer or proxy Atlantic shark
identification workshop certificate issued to the dealer or proxy at each place of business listed on
the dealer permit which first receives Atlantic sharks. For the purposes of this part, trucks or other
conveyances of a dealer's place of business are considered to be extensions of a dealer's place of
business and must possess a copy of a valid dealer or proxy Atlantic shark identification workshop
certificate issued to a place of business covered by the dealer permit. A copy of a valid Atlantic
shark identification workshop certificate must be included in the dealer's application package to
obtain or renew an Atlantic shark dealer permit. If multiple businesses are authorized to first receive
Atlantic sharks under the Atlantic shark dealer's permit, a copy of the Atlantic shark identification
workshop certificate for each place of business listed on the Atlantic shark dealer permit which first
receives Atlantic sharks must be included in the Atlantic shark dealer permit renewal application
package.
(6) Persons holding an expired Atlantic shark dealer permit and persons who intend to apply for a new
Atlantic shark dealer permit will be issued a participant certificate in their name upon successful
completion of the Atlantic shark identification workshop. A participant certificate issued to such
persons may be used only to apply for an Atlantic shark dealer permit. Pursuant to § 635.8(c)(4), an
Atlantic shark dealer may not first receive Atlantic shark without a valid dealer or proxy Atlantic shark
identification workshop certificate issued to the dealer or proxy. After an Atlantic shark dealer permit
is issued to a person using an Atlantic shark identification workshop participant certificate, such
person may obtain an Atlantic shark identification workshop dealer certificate for each location
which first receives Atlantic sharks by contacting NMFS at an address designated by NMFS.
(c) Terms and conditions.
(1) Certificates, as described in paragraphs (a) and (b) of this section, are valid for three calendar years.
All certificates must be renewed prior to the expiration date on the certificate.
(2) If a vessel fishes with longline or gillnet gear as described in paragraph (a)(1) of this section, the
vessel owner may not renew a shark or swordfish LAP, issued pursuant to § 635.4(e) or (f), without
submitting a valid protected species workshop certificate with the permit renewal application.
(3) A vessel that fishes with longline or gillnet gear as described in paragraph (a)(1) of this section and
that has been, or should be, issued a valid LAP pursuant to § 635.4(e) or (f), may not fish unless a
valid protected species safe handling, release, and identification workshop certificate has been
issued to both the owner and operator of that vessel.
(4) An Atlantic shark dealer may not first receive Atlantic shark without a valid dealer or proxy Atlantic
shark identification workshop certificate issued to the dealer or proxy. A valid dealer or proxy Atlantic
shark identification workshop certificate issued to the dealer or proxy must be maintained on the
premises of each place of business listed on the dealer permit which first receives Atlantic sharks.
An Atlantic shark dealer may not renew a Federal dealer permit issued pursuant to § 635.4(g)(2)
unless a copy of a valid dealer or proxy Atlantic shark identification workshop certificate issued to
the dealer or proxy has been submitted with the permit renewal application. If the dealer is not
certified and opts to send a proxy or proxies to a workshop, the dealer must submit a copy of a valid
proxy certificate for each place of business listed on the dealer permit which first receives Atlantic
sharks.

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50 CFR 635.8(c)(5)

(5) A vessel owner, operator, shark dealer, proxy for a shark dealer, or participant who is issued either a
safe handling, release, and identification workshop certificate or an Atlantic shark identification
workshop certificate may not transfer that certificate to another person.
(6) Vessel owners issued a valid safe handling, release, and identification workshop certificate may
request, in the application for permit transfer per § 635.4(l)(2), additional safe handling, release, and
identification workshop certificates for additional vessels that they own. Shark dealers may request
from NMFS additional Atlantic shark identification workshop certificates for additional places of
business authorized to receive sharks that they own as long as they, and not a proxy, were issued the
certificate. All certificates must be renewed prior to the date of expiration on the certificate.
(7) To receive the safe handling, release, and identification workshop certificate or Atlantic shark
identification workshop certificate, persons required to attend the workshop must first show a copy
of their HMS permit, as well as proof of identification to NMFS or NMFS' designee at the workshop. If
a permit holder is a corporation, partnership, association, or any other entity, the individual attending
on behalf of the permit holder must show proof that he or she is the permit holder's agent and
provide a copy of the HMS permit to NMFS or NMFS' designee at the workshop. For proxies
attending on behalf of a shark dealer, the proxy must have documentation from the shark dealer
acknowledging that the proxy is attending the workshop on behalf of the Atlantic shark dealer and
must show a copy of the Atlantic shark dealer permit to NMFS or NMFS' designee at the workshop.
[71 FR 58166, Oct. 2, 2006, as amended at 73 FR 38153, July 3, 2008; 74 FR 66586, Dec. 16, 2009; 77 FR 47316, Aug. 8, 2012; 82
FR 16506, Apr. 4, 2017; 83 FR 33153, July 17, 2018]

§ 635.9 Electronic monitoring.
(a) Applicability. An owner and/or operator of a commercial vessel permitted or required to be permitted in
the Atlantic Tunas Longline category under § 635.4, and that has pelagic longline gear on board, are
required to have installed and maintain at all times during fishing trips, a fully operational EM system on
the vessel, as specified in this section. Vessel owners and/or operators can contact NMFS or a NMFSapproved contractor for more details on procuring an EM system.
(b) EM Installation.
(1) NMFS or a NMFS-approved contractor will assess individual Atlantic Tunas Longline permitted
vessels that are currently eligible for IBQ share, install and test all EM systems; provide training to
vessel owners or operators or their designees; and develop in consultation with vessel owners or
operators or their designees required operational plans (Vessel Monitoring Plan or VMP) for the EM
systems, as described in paragraph (e)(2) of this section.
(2) Vessel owners and/or operators, as instructed by NMFS, may be required to coordinate with NMFS or
a NMFS approved contractor to schedule a date or range of dates, and/or may be required to steam
to a designated port for EM work on specific NMFS-determined dates. Such EM work may include,
but is not limited to EM system installation, repair, or modifications; modifications to vessel
equipment to facilitate installation or operation of EM systems, such as installation of a fitting for
the pressure-side of the line of the drum hydraulic system; installation, repair or modification to a
power supply or power switches/connections for the EM system; installation of additional lighting; or
installation of mounting structure(s) for the camera(s) to provide views of areas and fish consistent
with paragraphs (c)(1)(i) through (ii) of this section.

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(i)

50 CFR 635.9(b)(2)(i)

Certificate of Installation. After confirming that an EM system that meets the requirements of
this section is properly installed, the system has been tested, and training and a required
operational plan (VMP) are completed, NMFS or the NMFS-approved contractor will provide a
Certificate of Installation to the vessel owner or operator.

(ii) Vessels described under paragraph (a) of this section may not depart on a fishing trip without
having a valid Certificate of Installation and VMP on board.
(c) EM System Components. The EM system installed by the NMFS-approved contractor must be comprised
of video camera(s), recording equipment, and other related equipment and must have the following
components and capabilities:
(1) Video camera(s).
(i)

Video cameras must be mounted and placed so as to provide clear, unobstructed views of the
area(s) where the pelagic longline gear is retrieved and of catch being removed from hooks
prior to being placed in the hold or discarded. There must be lighting sufficient to illuminate
clearly individual fish.

(ii) Video camera(s) must be in sufficient numbers (a minimum of two and up to four), with
sufficient resolution (no less than 720p (1280 × 720)) for NMFS, the USCG, and their authorized
officers and designees, or any individual authorized by NMFS to determine the number and
species of fish harvested. To obtain the views required in paragraph (c)(1)(i) of this section, at
least one camera must be mounted to record close-up images of fish being retained on the
deck at the haulback station, and at least one camera must be mounted to provide views of the
area from the rail to the water surface, where the gear and fish are hauled out of the water.
NMFS or the NMFS-approved contractor will determine the number and placement of cameras
needed to achieve the required views, based on the operation and physical layout of the vessel.
(iii) The EM system must be capable of initiating video recording at the time gear retrieval starts. It
must record all periods of time when the gear is being retrieved and catch is removed from the
hooks until it is placed in the hold or discarded.
(2) GPS receiver. A GPS receiver is required to produce output, which includes location coordinates,
velocity, and heading data, and is directly logged continuously by the control box. The GPS receiver
must be installed and remain in a location where it receives a strong signal continuously.
(3) Hydraulic and drum rotation sensors. Hydraulic sensors are required to continuously monitor the
hydraulic pressure and a drum rotation sensor must continuously monitor drum rotations.
(4) EM control box. The system must include a control box that receives and stores the raw data
provided by the sensors and cameras. The control box must contain removable hard drives and
storage systems adequate for a trip lasting 30 days.
(5) EM systems monitor. A wheelhouse monitor must provide a graphical user interface for harvester to
monitor the state and performance of the control box and provide information on the current date
and time synchronized via GPS, GPS coordinates, current hydraulic pressure reading, presence of a
data disk, percentage used of the data disk, and video recording status.
(6) EM software. The EM system must have software that enables the system to be tested for
functionality and that records the outcome of the tests.

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50 CFR 635.9(c)(7)

(7) Standardized reference grid. The vessel must have a standardized grid on deck in view of the
haulback station camera(s) in such a way that the video recording includes an image of each fish on
the grid in order to provide a size reference. The standardized grid may be on a removable mat or
carpet that is placed on the deck before the fish are brought on board, or may be painted directly on
the deck. The standardized reference grid must have accurate dimensions and grid line intervals as
instructed and specified in the vessel's VMP by NMFS or the NMFS-approved contractor. The vessel
owner and/or operator is responsible for ensuring compliance with the provided instructions and
specifications and for ensuring accurate, straight, clear and complete grid lines with no missing,
incomplete, blurry or smudged lines.
(d) Data maintenance, storage, and viewing. The EM system must have the capacity to allow NMFS, the USCG,
and their authorized officers and designees, or any NMFS-approved contractor to observe the live video on
the EM systems monitor as described in paragraph (c)(5) of this section. Vessel owner or operators must
provide access to the system, including the data upon request.
(e) Operation. Unless otherwise authorized by NMFS in writing, a vessel described in paragraph (a) of this
section must collect video and sensor data in accordance with the requirements in this section, in order to
fish with pelagic longline gear.
(1) Vessel monitoring plan. The vessel owner and/or operator must have available onboard a written
VMP for its system. At a minimum, the VMP must include: information on the locations of EM
system components (including any customized camera mounting structure); contact information for
technical support; instructions on how to conduct a pre-trip system test; instructions on how to verify
proper system functions; location(s) on deck where fish retrieval should occur to remain in view of
the cameras; specifications and other relevant information regarding the dimensions and grid line
intervals for the standardized reference grid; procedures for how to manage EM system hard drives;
catch handling procedures; periodic checks of the monitor during the retrieval of gear to verify proper
functioning; and reporting procedures. The VMP will be updated, revised, and approved periodically
by NMFS or the NMFS-approved contractor, and will include both signature and date indicating when
the VMP was approved by NMFS or the NMFS-approved contractor. The VMP should minimize to the
extent practicable any impact of the EM systems on the current operating procedures of the vessel,
and should help ensure the safety of the crew. The vessel owner and/or operator must implement,
and ensure that the vessel complies with, all of the requirements, specifications and protocols
outlined in the VMP no later than 6 months after the date of approval of the VMP.
(2) Handling of fish and duties of care. The vessel owner and/or operator must ensure that all fish that
are caught, even those that are released, are handled in a manner that enables the video system to
record such fish, and must ensure that all handling and retention of BFT occurs in accordance with
relevant regulations and the operational procedures outlined in the VMP. The vessel owner or
operator must ensure that each retained fish is placed on the standardized reference grid in view of
cameras in accordance with the operational procedures outlined in the VMP.
(3) Additional duties of care. The vessel owner and/or operator is responsible for ensuring the proper
continuous functioning of all aspects of the EM system, including that the EM system must remain
powered on for the duration of each fishing trip from the time of departure to time of return; cameras
must be functioning and cleaned routinely; the hydraulic and gear sensors must be operational; the
GPS signal must be functioning; and EM system components must not be tampered with.
(4) Completion of trip(s). Except when at capacity after one trip or otherwise stated by NMFS in writing,
EM hard drives may be used to record up to two trips. Within 48 hours of completing a second
fishing trip, or within 48 hours of completing one trip in the case where the hard drive does not have
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sufficient capacity for a second trip, the vessel owner and/or operator must mail the removable EM
system hard drive(s) containing all data to NMFS or NMFS-approved contractor, according to
instructions provided by NMFS. The vessel owner and/or operator is responsible for using shipping
materials suitable to protect the hard drives (e.g., bubble wrap), tracking the package, and including a
self-addressed mailing label for the next port of call so replacement hard drives can be mailed back
to the sender. Prior to departing on any trip, the vessel owner and/or operator must ensure an EM
system hard drive(s) is installed that has the capacity needed to enable data collection and video
recording for the entire trip. The vessel owner and/or operator is responsible for contacting NMFS or
NMFS-approved contractor if they have requested but not received a replacement hard drive(s) and
for informing NMFS or NMFS-approved contractor of any lapse in the hard drive management
procedures described in the VMP.
(f) Failure to adequately monitor the gear and catch. The vessel owner or operator must monitor and maintain
the EM system in working condition, which includes ensuring the proper continuous functioning of the EM
system, cameras provide clear unobstructed views, and video picture quality is clear. Prior to departing on
a trip with pelagic longline gear on board, the vessel owner or operator must test the functionality of the
system and contact NMFS or the NMFS-approved contractor if the system is not functioning properly. In
that case, or if NMFS independently determines that an EM system fails to meet the requirements of this
section, the vessel cannot leave port unless and until NMFS provides written authorization. NMFS may
grant such authorization after confirming that an EM system is functioning properly or other
circumstances as determined by NMFS warrant authorization.
(g) Repair and replacement. If the vessel owner or operator becomes aware that the EM system on the vessel
is not functioning properly at sea, the vessel owner or operator must contact NMFS and follow the
instructions given. Such instructions may include but are not limited to returning to port until the EM
system is repaired. Once in port, an EM system must be functioning properly (e.g., repaired, reinstalled, or
replaced) consistent with the installation requirements in this section before the vessel can fish with
pelagic longline gear.
[79 FR 71588, Dec. 2, 2014, as amended at 83 FR 33154, July 17, 2018; 87 FR 59998, Oct. 3, 2022]

Subpart B—Individual Vessel Measures
§ 635.14 [Reserved]
§ 635.15 Individual bluefin tuna quotas (IBQs).
(a) General. This section describes the IBQ Program. As described below, under the IBQ Program, NMFS will
assign eligible Atlantic Tunas Longline category LAP holders annual IBQ shares and resulting allocations.
IBQ allocations are required for vessels with Atlantic Tunas Longline category permits to fish with pelagic
longline or green-stick gear. IBQ allocations may be leased by IBQ shareholders and Atlantic Tunas
Longline category LAP holders using the Catch Shares Online System.
(b) Eligibility —
(1) IBQ shareholder. An Atlantic Tunas Longline category LAP holder that fished using pelagic longline
gear on at least one set (i.e., deployment and retrieval) during a recent 36 month period is eligible to
receive an annual IBQ share in accordance with paragraph (c) of this section and is considered an
IBQ shareholder. In determining IBQ shareholders, NMFS will use data as described in paragraph (c)
of this section. For an IBQ shareholder's vessel to be considered an “eligible vessel,” the vessel must
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50 CFR 635.15(b)(2)

have been issued a valid Atlantic Tunas Longline category LAP when set(s) occurred during the
relevant 36 month period. In circumstances where a LAP is transferred from one vessel to another
during the relevant 36 month period, the eligible vessel(s) is that which deployed the pelagic longline
sets.
(2) New entrants. New entrants to the fishery need to obtain an Atlantic Tunas Longline category LAP, as
well as other required LAPs, as described under § 635.4(l), and would need to lease IBQ allocations
per paragraph (e) of this section if the Atlantic Tunas Longline category LAP acquired was not
eligible for an annual IBQ share.
(c) Annual IBQ share determination. During the last quarter of each year, NMFS will review the relevant 36
months of best available data to determine eligible IBQ shareholders and the number of pelagic longline
sets legally made by each permitted, eligible vessel, and assign IBQ shares based on the criteria below.
The 36 month time period is a rolling period that changes annually, and is selected by NMFS based on the
availability of recent data and time required by NMFS to conduct determinations under paragraphs (b) and
(c) of this section. NMFS intends to include data from the majority of the year prior to the year for which
shares are applied and the IBQ allocation distributed. The best available data as determined by NMFS
may be a single data source such as VMS data, for which there is a relatively short time period from the
time it is submitted by the vessel operator, and the time it can be used by NMFS; or the best available data
may include other available data such as logbook, EM, or permit data, in order to accurately determine a
vessel's eligibility status and shares. An IBQ shareholder does not need a valid LAP when NMFS makes
annual IBQ share determinations, but NMFS will only distribute IBQ allocations to permitted vessels.
(1) IBQ share calculations. Annually, NMFS will calculate IBQ shares for each IBQ shareholder based
upon the total number of each eligible vessel's pelagic longline sets during the relevant 36 month
period, and the relative amount (as a percentage) those pelagic longline sets represent compared to
the total number of pelagic longline sets made by all IBQ shareholders' eligible vessels. NMFS will
only count one set per calendar day toward a vessel's total number of pelagic longline sets, and will
only count a set if a vessel was issued a valid Atlantic Tunas Longline category LAP when the set
occurred. The annual IBQ share percentage is used to calculate the annual IBQ allocation (see
paragraph (d) of this section).
(2) Proxy calculation for Deepwater Horizon Oceanic Fish Restoration Project participants. For valid
participants in this Project, the annual IBQ shares will be calculated as described in paragraph (c)(1)
of this section, but in addition, a proxy amount of sets will be added to a vessel's history during the
period of its participation in the Project. The proxy will be based upon the average number of sets
made by IBQ shareholders' vessels that did not participate in the Project during the period that
participants fished under the Project.
(3) Regional designations of IBQ shares. Annually, IBQ shares and resultant allocations will be
designated as either “GOM” (Gulf of Mexico) or “ATL” (Atlantic), based upon the location (i.e., in the
Gulf of Mexico or Atlantic region) of sets included in the calculation under paragraph (c)(1) of this
section. Subject to the GOM share cap described below, each region's total shares and resultant
allocations for the year will be based on the percentage of sets designated for the region compared
to total sets. Per § 635.28(a)(1), NMFS will file a closure action when a region's IBQ allocations have
been reached or are projected to be reached. For the purposes of this section, the Gulf of Mexico
region includes all waters of the U.S. EEZ west and north of the boundary stipulated at § 600.105(c)
of this chapter, and the Atlantic region includes all other waters of the Atlantic Ocean including
fishing taking place in the NED defined at § 635.2. If an IBQ shareholder's vessel had fishing history
in both the Gulf of Mexico and Atlantic region, it could receive both GOM and ATL shares.
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(i)

50 CFR 635.15(c)(3)(i)

GOM share cap. The maximum amount of designated GOM IBQ shares among all IBQ
shareholders is capped at 35 percent of the baseline Longline category quota. Based on the
criteria and process under § 635.27(a)(7), NMFS may make an inseason or annual adjustment
to reduce the default 35-percent cap for all or the remainder of a calendar year.

(ii) Adjustment of GOM shares to match the GOM share cap. If NMFS determines that the total
amount of GOM-designated IBQ shares would be greater than the GOM share cap (default or
adjusted), NMFS will reduce the total amount of GOM shares in order to equal the GOM share
cap. The reduction in total GOM shares will be achieved through equal proportional reductions
among all GOM shareholders. The ATL shares will be increased in an analogous manner, so
that the total share percentages for the two regions add up to 100 percent. NMFS will notify
affected shareholders of any reductions in their GOM shares or increases in ATL shares
resulting from this adjustment. This adjustment is not subject to appeal under paragraph
(e)(1)(i) of this section.
(iii) Low GOM-designated share threshold. If NMFS determines that the total amount of GOMdesignated IBQ shares is 5 percent or less of the total IBQ shares, NMFS will file an action with
the Office of the Federal Register for publication that suspends for that year the requirement to
account for BFT caught in the Gulf of Mexico with GOM-designated shares and resultant
allocations (paragraph (f)(1) of this section) and the minimum GOM IBQ allocation requirement
(paragraph (f)(2) of this section). NMFS will also notify IBQ shareholders of such action per
paragraph (e) of this section. In this situation, IBQ shareholders' vessels could fish in the Gulf of
Mexico during that year using ATL-designated IBQ allocations. Any vessels fishing in the Gulf of
Mexico would still need to account for BFT catch and have the minimum IBQ allocation of 0.25
mt ww (551 lb ww) before departing on the first fishing trip in a calendar year quarter. Those
vessels that fish in the Gulf of Mexico may be issued GOM IBQ shares in the following year per
the regional designation of shares process described in paragraph (c)(3) of this section. BFT
catch (landings and dead discards) from the Gulf of Mexico by pelagic longline vessels will be
capped at the weight of BFT equivalent to the GOM share cap (see paragraph (c)(3)(i) of this
section) in the applicable year. If this level of catch is reached, or projected to be reached,
NMFS will prohibit fishing with pelagic longline gear in the Gulf of Mexico for the rest of the
year pursuant to § 635.28(a)(1).
(d) Annual IBQ allocations. An annual IBQ allocation is the amount of BFT (whole weight) in metric tons
corresponding to an IBQ shareholder's share percentage, distributed to their vessel to account for
incidental landings and dead discards of BFT during a specified calendar year. NMFS will only distribute
IBQ allocations when there is a valid Atlantic Tunas Longline category LAP associated with a vessel.
Unless otherwise required under paragraph (f)(4) of this section, an IBQ allocation is derived by
multiplying the IBQ share percentage (calculated under paragraph (c)(1) of this section) by the baseline
Longline category quota for that year. If the baseline quota is adjusted during the fishing year, the annual
IBQ allocation may also be adjusted as specified in paragraph (e)(2) of this section.
(e) Notification of IBQ shares and allocations, appeals, and adjustments. During the last quarter of each year,
NMFS will notify Atlantic Tunas Longline permit holders via electronic methods (such as an email) and/or
letter to inform them of their IBQ shares, their IBQ allocations, and the regional designations of those
shares and allocations for the subsequent fishing year; whether adjustments were made to GOMdesignated shares due to the GOM shares cap; and whether the low GOM-designated share threshold has
been triggered. This notification represents the initial administrative determination (IAD) for the permit
holder's IBQ share and allocation. NMFS will also notify permit holders of any existing quota debt, and
provide instructions for appealing the IAD. As of December 31, if an IBQ shareholder does not have a valid
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50 CFR 635.15(e)(1)

Atlantic Tunas Longline category LAP associated with a vessel due to a permit renewal or transfer, NMFS
will issue IBQ allocation for the relevant fishing year if/when the permit renewal or transfer is completed
and a valid LAP is associated with a vessel. IBQ shares, allocations, and regional designations may
change as a result of the following circumstances, in which case NMFS will notify eligible IBQ recipients.
(1) Appeals. Appeals will be governed by the regulations and policies of the National Appeals Office at
15 CFR part 906. Per those regulations, Atlantic Tunas Longline Permit holders may appeal the IAD
by submitting a written request for an appeal to the National Appeals Office within 45 days after the
date the IAD is issued. NMFS will provide further instructions on how to submit a request for an
appeal when it issues the IAD.
(i)

Items subject to appeal and adjustment. A permit holder may appeal their: eligibility for IBQ
shares based on ownership of an active vessel with a valid Atlantic Tunas Longline category
permit; IBQ share percentage; IBQ allocations; and regional designations of shares and
allocations. A permit holder may also appeal NMFS' determination of the number of pelagic
longline sets legally made by its permitted vessel. However, an adjustment of GOM shares
under paragraph (c)(3)(ii) of this section or inseason quota adjustment under paragraph (e)(3)
of this section is not subject to appeal. Appeals based on hardship factors will not be
considered. Consistent with most limited effort and catch share programs, hardship is not a
valid basis for appeal due to the multitude of potential definitions of hardship and the difficulty
and complexity of administering such criteria in a fair manner. NMFS may utilize BFT quota
from the Reserve category for any adjustment needed due to an appeal.

(ii) Supporting documentation for appeals. NMFS permit records would be the sole basis for
determining permit transfers, permit renewals, and the validity of permits. NMFS will only use
the relevant 36 months of data described under paragraph (c) of this section to determine the
numbers of pelagic longline sets made. NMFS will count only pelagic longline sets legally made
when the permit holder had a valid permit. No other proof of sets or permit history will be
considered. Photocopies of written documents are acceptable; NMFS may request originals at
a later date. NMFS may refer any submitted materials that are of questionable authenticity to
the NMFS Office of Law Enforcement for investigation into potential violations of Federal law.
(2) Inseason quota transfers. NMFS may transfer additional quota to the Longline category inseason as
authorized under § 635.27(a), and in accordance with § 635.27(a)(7) and (8). NMFS may distribute
the quota that is transferred inseason to the Longline category either to all IBQ shareholders or to all
permitted Atlantic Tunas Longline category LAP vessels that are determined by NMFS to have any
recent fishing activity in the pelagic longline fishery. In making this decision, NMFS will consider
factors for the subject and previous year such as the number of BFT landings and dead discards, the
number of IBQ lease transactions, the average amount of IBQ leased, the average amount of quota
debt, the annual amount of IBQ allocation, any previous inseason allocations of IBQ allocation, the
amount of BFT quota in the Reserve category (at § 635.27(a)(6)(i)), the percentage of BFT quota
harvested by the other quota categories, the remaining number of days in the year, the number of
active vessels fishing not associated with IBQ share, and the number of vessels that have incurred
quota debt or that have low levels of IBQ allocation. NMFS will determine if a vessel has any recent
fishing activity based upon the best available information for the subject and previous year, such as
logbook, vessel monitoring system, or electronic monitoring data. Any distribution of quota
transferred inseason will be equal among eligible IBQ shareholders or active vessels, and include
regional designations of IBQ allocations (see paragraph (c)(3) of this section).

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(3) Inseason quota adjustments. NMFS may increase or decrease the baseline Longline quota on an
inseason basis as authorized under § 635.27(a). When doing so, NMFS would apply each IBQ
shareholder's share percentage to the amount of quota increase or decrease, and will notify IBQ
shareholders of any resulting changes in their IBQ allocations. This adjustment is not subject to
appeal under paragraph (e)(1)(i) of this section. Regional designations described in paragraph (c)(3)
of this section will be applied to inseason quota distributed to IBQ shareholders, and subject to the
applicable cap and other provisions under paragraph (c)(3) of this section.
(f) Using IBQ shares and allocations. Unless specified otherwise, IBQ shares and resultant allocations will be
available for use at the start of each fishing year and expire at the end of each fishing year. IBQ shares
and allocations issued under this section are valid for the relevant fishing year unless revoked, suspended,
or modified or unless the Atlantic Tunas Longline category quota is closed per § 635.28(a).
(1) Usage of GOM and ATL shares and allocations. GOM shares and resultant allocations can be used to
satisfy minimum IBQ allocation requirements under paragraph (f)(2) of this section, or to account for
BFT caught with pelagic longline gear in either the Gulf of Mexico or the Atlantic regions. ATL shares
and resultant allocations can only be used to satisfy minimum IBQ allocation requirements under
paragraph (f)(2) of this section, or to account for BFT caught with pelagic longline gear in the
Atlantic region, unless the provisions of paragraph (c)(3)(iii) of this section are in effect. For the
purposes of this section, the Gulf of Mexico region includes all waters of the U.S. EEZ west and north
of the boundary stipulated at § 600.105(c) of this chapter, and the Atlantic region includes all other
waters of the Atlantic Ocean including fishing taking place in the NED defined at § 635.2.
(2) Minimum IBQ allocation. For purposes of this section, calendar year quarters start on January 1, April
1, July 1, and October 1.
(i)

First fishing trip in a calendar year quarter. Before departing on the first fishing trip in a calendar
year quarter, a vessel with a valid Atlantic Tunas Longline category LAP that fishes with or has
pelagic longline or green-stick gear onboard must have the minimum IBQ allocation for either
the Gulf of Mexico or Atlantic, depending on fishing location. The minimum GOM allocation for
a vessel fishing in the Gulf of Mexico, or departing for a fishing trip in the Gulf of Mexico, is 0.25
mt ww (551 lb ww). The minimum ATL or GOM allocation for a vessel fishing in the Atlantic or
departing for a fishing trip in the Atlantic is 0.125 mt ww (276 lb ww). A vessel owner or
operator may not declare into or depart on the first fishing trip in a calendar year quarter with
pelagic longline gear onboard unless the vessel has the relevant required minimum IBQ
allocation for the region in which the fishing activity will occur.

(ii) Subsequent fishing trips in a calendar year quarter. Subsequent to the first fishing trip in a
calendar year quarter, a vessel owner or operator may declare into or depart on other fishing
trips with pelagic longline gear onboard with less than the relevant minimum IBQ allocation for
the region in which the fishing activity will occur, but only within that same calendar year
quarter.
(3) Accounting for BFT that were landed or discarded dead. The following requirements apply to Atlantic
Tunas Longline permit holders fishing with pelagic longline or green-stick gear regarding accounting
for all BFT landings and dead discards from a vessel's IBQ allocation.
(i)

Catch deduction from IBQ allocations. Except as provided under paragraph (f)(6)(i) of this
section, for vessels fishing in the NED, all BFT landings must be deducted from the vessel's IBQ
allocation at the end of each trip by providing information to, and coordinating with the dealer.

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Dead discards will be deducted from the vessel's IBQ allocation by the Catch Shares Online
System, when the vessel operator reports dead discards through VMS as required under §
635.69(e)(4)(i).
(ii) IBQ allocation balances. If the amount of BFT landed and discarded dead on a particular trip
exceeds the amount of the vessel's IBQ allocation or results in an IBQ balance less than the
minimum amount described in paragraph (f)(2) of this section, the vessel may continue to fish,
complete the trip, and depart on subsequent trips within the same calendar year quarter. The
vessel must resolve any quota debt (see paragraph (f)(4) of this section) before declaring into
or departing on a fishing trip with pelagic longline gear onboard in a subsequent calendar year
quarter by acquiring adequate IBQ allocation to resolve the debt and acquire the needed
minimum allocation through leasing, as described in paragraph (g) of this section.
(iii) End-of-year IBQ transactions by dealers. Federal Atlantic Tunas Dealer permit holders must
comply with reporting requirements at § 635.5(b)(2)(i)(A). No IBQ transactions will be
processed between 6 p.m. eastern time on December 31 and 2 p.m. Eastern Time on January 1
of each year to provide NMFS time to reconcile IBQ accounts and update IBQ shares and
allocations for the upcoming fishing year.
(4) Exceeding an available allocation. If the amount of BFT landed or discarded dead for a particular trip
(as defined in § 600.10 of this chapter) exceeds the amount of IBQ allocation available to the vessel,
the permitted vessel is considered to have a “quota debt” equal to the difference between the catch
and the allocation.
(i)

Quarter-level quota debt. A vessel with quota debt incurred in a given calendar year quarter
cannot depart on a trip with pelagic longline gear onboard in a subsequent calendar year
quarter until the vessel leases allocation or receives additional allocation (see paragraphs (e)
and (g) of this section), and applies allocation for the appropriate region to settle the quota
debt such that the vessel has the relevant minimum quota allocation required to fish for the
region in which the fishing activity will occur (see paragraph (f)(2) of this section). For example,
a vessel with quota debt incurred during January through March may not depart on a trip with
pelagic longline gear onboard during April through June (or subsequent quarters) until the
quota debt has been resolved such that the vessel has the relevant minimum quota allocation
required to fish for the region in which the fishing activity will occur.

(ii) Annual-level quota debt. If, by the end of the fishing year, a permit holder does not have
adequate IBQ allocation to settle its vessel's quota debt through leasing or additional allocation
(see paragraphs (e) and (g) of this section), the vessel's allocation will be reduced in the
amount equal to the quota debt in the subsequent year or years until the quota debt is fully
accounted for. A vessel may not depart on any pelagic longline trips if it has outstanding quota
debt from a previous fishing year.
(iii) Association with permit. Quota debt is associated with the vessel's Atlantic Tunas Longline
permit, and remains associated with the permit if/when the permit is transferred or sold. At the
end of the year, if an owner with multiple permitted vessels has a quota debt associated with
one or more vessels owned, the IBQ system will apply any remaining unused IBQ allocation
associated with that owner's other vessels to resolve the quota debt.

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50 CFR 635.15(f)(5)

(5) Unused IBQ allocation. Any IBQ allocation that is unused at the end of the fishing year may not be
carried forward by a permit-holder to the following year, but would remain associated with the
Longline category as a whole, and subject to the quota regulations under § 635.27, including annual
quota adjustments.
(6) The IBQ Program and the NED. The following restrictions apply to vessels fishing with pelagic
longline gear in the NED:
(i)

When NED BFT quota is available. Permitted vessels fishing with pelagic longline or green-stick
gear may fish in the NED, and any BFT catch will count toward the ICCAT-allocated separate
NED quota, and will not be subject to the BFT accounting requirements of paragraph (f)(3) of
this section, until the NED quota has been filled. Permitted vessels fishing in the NED must still
fish in accordance with all other IBQ Program requirements, including the relevant minimum
IBQ allocation requirements specified under paragraph (f)(2) of this section to depart on a trip
using pelagic longline or green-stick gear.

(ii) When NED BFT quota is filled. Permitted vessels fishing with pelagic longline or green-stick gear
may fish in the NED after the ICCAT-allocated, separate NED quota has been filled and must
abide by all IBQ Program requirements. Notably, when the NED BFT quota is filled, the BFT
accounting requirement of paragraph (f)(3) of this section is applicable. BFT catch must be
accounted for using the vessel's ATL or GOM IBQ allocation, as described under paragraph
(f)(1) of this section.
(g) IBQ allocation leasing —
(1) Eligibility. The permit holders of vessels issued valid Atlantic Tunas Longline category LAPs are
eligible to lease IBQ allocation to and/or from each other. A person who holds an Atlantic Tunas
Longline category LAP that is not associated with a vessel may not lease IBQ allocation.
(2) Application to lease —
(i)

Application information requirements. All IBQ allocation leases must occur electronically
through the Catch Shares Online System, and include all information required by NMFS.

(ii) Approval of lease application. Unless NMFS denies an application to lease IBQ allocation
according to paragraph (g)(2)(iii) of this section, the Catch Shares Online System will provide an
approval code to the IBQ lessee confirming the transaction.
(iii) Denial of lease application. NMFS may deny an application to lease IBQ allocation for any
reason, including, but not limited to: The application is incomplete; the IBQ lessor or IBQ lessee
is not eligible to lease per paragraph (g)(1) of this section; the IBQ lessor or IBQ lessee permits
is sanctioned pursuant to an enforcement proceeding; or the IBQ lessor has an insufficient IBQ
allocation available to lease (i.e., the requested amount of lease may not exceed the amount of
IBQ allocation associated with the lessor). As the Catch Shares Online System is automated, if
any of the criteria above are applicable, the lease transaction will not be allowed to proceed.
The decision by NMFS is the final agency decision; there is no opportunity for an administrative
appeal.
(3) Conditions and restrictions of leased IBQ allocation —
(i)

Subleasing. In a fishing year, an IBQ allocation may be leased numerous times following the
process specified in paragraph (g)(2) of this section.

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50 CFR 635.15(g)(3)(ii)

(ii) History of leased IBQ allocation use. The fishing history associated with the catch of BFT will be
associated with the vessel that caught the BFT, regardless of how the vessel acquired the IBQ
allocation (e.g., through annual allocation or lease), for the purpose of any potential, future
relevant regulations based upon BFT catch.
(iii) Duration of IBQ allocation lease. IBQ allocations expire at the end of each calendar year. Thus,
an IBQ lessee may only use the leased IBQ allocation during the fishing year in which the IBQ
allocation is applicable.
(iv) Temporary prohibition on leasing IBQ allocation. No leasing of IBQ allocation is permitted
between 6 p.m. eastern time on December 31 of one year and 2 p.m. eastern time on January 1
of the next year. This period is necessary to provide NMFS time to reconcile IBQ accounts, and
update IBQ shares and allocations for the upcoming fishing year.
(h) Sale of IBQ shares. Sale of IBQ shares is not permitted.
(i)

Changes in vessel and permit ownership. In accordance with the regulations specified under § 635.4(l), a
vessel owner that has an annual IBQ share may transfer their Atlantic Tunas Longline category LAP to
another vessel that he or she owns or transfer the permit to another person. The IBQ share as described
under this section would transfer with the permit to the new vessel, and remain associated with that
permit for the remainder of that fishing year. Within a fishing year, when an Atlantic Tunas Longline
category LAP transfer occurs (from one vessel to another), the associated IBQ shares are transferred with
the permit, however IBQ allocation is not, unless the IBQ allocation is also transferred through a separate
transaction within the Catch Shares Online System. A person that holds an Atlantic Tunas Longline
category LAP that is not associated with a vessel may not receive or lease IBQ allocation.

(j)

Evaluation. NMFS will conduct evaluations of the IBQ Program in accordance with Magnuson-Stevens Act
requirements for Limited Access Privilege Programs (Section 303(c)(1)(G)).

(k) Property rights. IBQ shares and resultant allocations issued pursuant to this part may be revoked, limited,
modified or suspended at any time subject to the requirements of the Magnuson-Stevens Act, ATCA, or
other applicable law. Such IBQ shares and resultant allocations do not confer any right to compensation
and do not create any right, title, or interest in any BFT until it is landed or discarded dead.
(l)

Enforcement and monitoring. NMFS will enforce and monitor the IBQ Program through the use of the
reporting and record keeping requirements described under § 635.5, the monitoring requirements under
§§ 635.9 and 635.69, enforcement of the prohibitions in § 635.71, and its authority to close the pelagic
longline fishery specified under § 635.28.

(m) Cost recovery program. This program of fees is intended to cover costs of management, data collection
and analysis, and enforcement activities directly related to and in support of the IBQ Program. This
program applies to vessels issued an Atlantic Tunas Longline category LAP that harvested BFT under the
IBQ Program. NMFS will undertake the process described in paragraphs (m)(1) through (5) of this section,
on an annual basis.
(1) Estimation of incremental cost. NMFS will calculate the estimated incremental cost of the IBQ
Program (e.g., oversight, customer service, database/computer maintenance and other costs,
electronic monitoring program, data monitoring, preparation of fleet communications, providing
status reports to the HMS Advisory Panel, preparation of FEDERAL REGISTER documents, and
enforcement related activities), including an estimate of the administrative and operational cost of
implementing the cost recovery program.

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50 CFR 635.15(m)(2)

(2) Estimation of ex-vessel value of catch share species. NMFS will calculate the ex-vessel value of BFT
harvested under the IBQ Program using dealer data on the estimated average ex-vessel value price
per pound (paid by the dealer to the vessel) and the total dressed weight of BFT sold to dealers.
(3) Determination of fees. NMFS will compare its incremental cost under paragraph (m)(1) of this
section to the estimate of BFT ex-vessel value under paragraph (m)(2) of this section to determine
the total amount of fees that may be recovered. Fees shall not exceed 3 percent of the BFT ex-vessel
value estimated under paragraph (m)(2) of this section. NMFS will determine the fee associated with
each vessel that harvested BFT, based on the total dressed weight of BFT sold to dealers by a vessel,
and the total amount of fees that may be recovered (fishery-wide). NMFS will not assess fees, if the
amount of fees that may be recovered is similar to or less than the estimated cost of implementing
the cost recovery program.
(4) Notification of fees. NMFS will file with the Office of the Federal Register for publication a notification
of its determination on fees, and notify Atlantic Tunas Longline permit holders, specifying the fee
amount owed, and instructions for payment through the Catch Shares Online System or other
Federal payment system. Federally permitted vessels (Atlantic Tunas Longline permit holders) that
sold BFT that do not pay the fee or are delinquent in payment would be subject to relevant
enforcement penalties, including permit revocation.
(5) Annual report. NMFS will prepare a brief annual report, made available to the public, which
summarizes relevant information including the estimation of recoverable costs, estimation of exvessel value of BFT, and determination of the cost recovery fee.
(n) IBQ shares cap. An individual, partnership, corporation or other entity (collectively, “entity” for purposes of
this paragraph) that holds an Atlantic Tunas Longline category LAP may not hold or acquire more than 25
percent of the total IBQ shares or resultant IBQ allocations annually. The cap applies to the sum of IBQ
shares or associated IBQ allocations an entity holds, regardless of whether the entity is associated with a
single or multiple Atlantic Tunas Longline category permits.
[87 FR 59999, Oct. 3, 2022]

§ 635.16 [Reserved]
Subpart C—Management Measures
§ 635.19 Authorized gears.
(a) General. No person may fish for, catch, possess, or retain any Atlantic HMS with gears other than the
primary gears specifically authorized in this part. Consistent with § 635.21(a), secondary gears may be
used at boat side to aid and assist in subduing, or bringing on board a vessel, Atlantic HMS that have first
been caught or captured using primary gears. For purposes of this part, secondary gears include, but are
not limited to, dart harpoons, gaffs, flying gaffs, tail ropes, etc. Secondary gears may not be used to
capture, or attempt to capture, free-swimming or undersized HMS. Except for vessels permitted under §
635.4(o) or as specified in this section, a vessel using or having onboard in the Atlantic Ocean any
unauthorized gear may not possess an Atlantic HMS on board.
(b) Atlantic tunas. Primary gears are the gears specifically authorized in this section for fishing for, catching,
retaining, or possessing Atlantic BFT and BAYS.

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(1) Atlantic BFT. A person that fishes for, catches, retains, or possesses an Atlantic BFT may not have on
board a vessel or use on board a vessel any primary gear other than those authorized for the specific
permit category issued (Atlantic tunas or HMS permit categories) and listed here:
(i)

Angling category. Rod and reel (including downriggers) and handline.

(ii) Charter/headboat category. Rod and reel (including downriggers), bandit gear, handline, and
green-stick gear.
(iii) General category. Rod and reel (including downriggers), handline, harpoon, bandit gear, and
green-stick gear.
(iv) Harpoon category. Harpoon.
(v) Trap category. Pound net and fish weir.
(vi) Longline category. Longline and green-stick gear.
(2) BAYS. Subject to paragraph (b)(1) of this section that applies to possession or retention of BFT or
fishing for or catching BFT, a person may otherwise use the primary gears authorized for the Atlantic
Tunas or HMS permit categories and listed here to fish for, catch, retain, or possess BAYS:
(i)

Angling category. Speargun, rod and reel (including downriggers), and handline.

(ii) Charter/Headboat category. Rod and reel (including downriggers), bandit gear, handline, and
green-stick gear are authorized for all recreational and commercial Atlantic tuna fisheries.
Speargun is authorized for recreational Atlantic BAYS tuna fisheries only.
(iii) General category. Rod and reel (including downriggers), handline, harpoon, bandit gear, and
green-stick gear.
(iv) Harpoon category. Harpoon.
(v) Longline category. Longline and green-stick gear.
(3) HMS Commercial Caribbean Small Boat Permit. A person issued an HMS Commercial Caribbean
Small Boat permit may use handline, harpoon, rod and reel, bandit gear, green-stick gear, and buoy
gear to fish for, retain, or possess BAYS tunas in the U.S. Caribbean, as defined at § 622.2.
(c) Billfish.
(1) Only persons who have been issued a valid HMS Angling or valid Charter/Headboat permit, or who
have been issued a valid Atlantic Tunas General category or Swordfish General Commercial permit
and are participating in a tournament as provided in § 635.4(c), may possess a blue marlin, white
marlin, or roundscale spearfish in, or take a blue marlin, white marlin, or roundscale spearfish from,
its management unit. Blue marlin, white marlin, or roundscale spearfish may only be harvested by
rod and reel.
(2) Only persons who have been issued a valid HMS Angling or valid Charter/Headboat permit, or who
have been issued a valid Atlantic Tunas General category or Swordfish General Commercial permit
and are participating in a tournament as provided in § 635.4(c), may possess or take a sailfish
shoreward of the outer boundary of the Atlantic EEZ. Sailfish may only be harvested by rod and reel.
(d) Sharks.
(1) No person may possess a shark without a permit issued under § 635.4.
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(2) No person issued a Federal Atlantic commercial shark permit under § 635.4 may possess a shark
taken by any gear other than rod and reel, handline, bandit gear, longline, or gillnet, except that
smoothhound sharks may be retained incidentally while fishing with trawl gear subject to the
restrictions specified in § 635.24(a)(7).
(3) No person issued an HMS Commercial Caribbean Small Boat permit may possess a shark taken
from the U.S. Caribbean, as defined at § 622.2 of this chapter, by any gear other than with rod and
reel, handline or bandit gear.
(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).
(e) Swordfish.
(1) No person may possess North Atlantic swordfish taken from its management unit by any gear other
than handgear, green-stick, or longline, except that such swordfish taken incidentally while fishing
with a squid trawl may be retained by a vessel issued a valid Incidental HMS squid trawl permit,
subject to restrictions specified in § 635.24(b)(2). No person may possess South Atlantic swordfish
taken from its management unit by any gear other than longline.
(2) An Atlantic swordfish may not be retained or possessed on board a vessel with a gillnet. A swordfish
will be deemed to have been harvested by gillnet when it is onboard, or offloaded from, a vessel
fishing with or having on board a gillnet.
(3) A person aboard a vessel issued or required to be issued a valid directed handgear LAP for Atlantic
swordfish or an HMS Commercial Caribbean Small Boat permit may not fish for swordfish with any
gear other than handgear. A swordfish will be deemed to have been harvested by longline when the
fish is on board or offloaded from a vessel fishing with or having on board longline gear. Only vessels
that have been issued a valid directed or handgear swordfish LAP or an HMS Commercial Caribbean
Small Boat permit under this part may utilize or possess buoy gear.
(4) Except for persons aboard a vessel that has been issued a directed, incidental, or handgear
swordfish LAP, a Swordfish General Commercial permit, an Incidental HMS squid trawl permit, or an
HMS Commercial Caribbean Small Boat permit under § 635.4, no person may fish for North Atlantic
swordfish with, or possess a North Atlantic swordfish taken by, any gear other than handline or rod
and reel.
(5) A person aboard a vessel issued or required to be issued a valid Swordfish General Commercial
permit may only possess North Atlantic swordfish taken from its management unit by rod and reel,
handline, bandit gear, green-stick, or harpoon gear.
[79 FR 71594, Dec. 2, 2014, as amended at 80 FR 73144, Nov. 24, 2015; 82 FR 16506, Apr. 4, 2017; 82 FR 57549, Dec. 6, 2017; 83
FR 33154, July 17, 2018; 87 FR 11324, Mar. 1, 2022; 87 FR 60003, Oct. 3, 2022]

§ 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.
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50 CFR 635.20(b)

(b) BFT size classes. If the head of a BFT is no longer attached, the size class of the BFT shall be determined
using pectoral fin curved fork length (PFCFL) multiplied by a conversion factor of 1.35. The CFL, as
determined by conversion of the PFCFL, will be the sole criterion for determining the size class of a
beheaded BFT. The conversion factor may be adjusted after consideration of additional scientific
information and fish measurement data, and will be made effective by filing notification of the adjustment
with the Office of the Federal Register for publication.
(c) BFT, bigeye tuna, and yellowfin tuna.
(1) No person shall take, retain, or possess a BFT, bigeye tuna, or yellowfin tuna in the Atlantic Ocean
that is less than 27 inches (69 cm) CFL;
(2) Applying the conversion factor from PFCFL to CFL for a beheaded BFT in § 635.20(b) means that no
person shall retain or possess a BFT, with the head removed, that is less than 20 inches (51 cm)
PFCFL.
(3) No person aboard a vessel shall remove the head of a bigeye tuna or yellowfin tuna if the remaining
portion would be less than 27 inches (69 cm) from the fork of the tail to the forward edge of the cut.
A bigeye or yellowfin tuna that is damaged through predation by sharks or other marine species may
be retained, possessed, or landed only if the length of the remainder of the fish is equal to or greater
than 27 inches (69 cm). No person shall cut or otherwise alter the predation-damaged area in any
manner.
(d) Billfish.
(1) No person shall take, retain or possess a blue marlin taken from its management unit that is less
than 99 inches (251 cm), LJFL.
(2) No person shall take, retain or possess a white marlin taken from its management unit that is less
than 66 inches (168 cm), LJFL.
(3) No person shall take, retain or possess shoreward of the outer boundary of the EEZ a sailfish taken
from its management unit that is less than 63 inches (160 cm), LJFL.
(4) No person shall take, retain or possess a roundscale spearfish taken from its management unit that
is less than 66 inches (168 cm), LJFL.
(5) The Atlantic blue marlin, white marlin, and roundscale spearfish minimum size limits, specified in
paragraphs (d)(1) and (d)(2) of this section, may be adjusted to sizes between 117 and 138 inches
(297.2 and 350.5 cm) for blue marlin and 70 and 79 inches (177.8 and 200.7 cm) for white marlin
and roundscale spearfish, to achieve, but not exceed, the annual Atlantic marlin landing limit
specified in § 635.27(d). Minimum size limit increases will be based upon a review of landings, the
period of time remaining in the current fishing year, current and historical landing trends, and any
other relevant factors. NMFS will adjust the minimum size limits specified in this section by filing an
adjustment with the Office of the Federal Register for publication. In no case shall the adjustments
be effective less than 14 calendar days after the date of publication. The adjusted minimum size
limits will remain in effect through the end of the applicable fishing year or until otherwise adjusted.
(e) Sharks. The following size limits change depending on the species being caught and the retention limit
under which they are being caught as specified under § 635.22(c).
(1) All sharks landed under the recreational retention limits specified at § 635.22(c) must have the head,
tail, and fins naturally attached.
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50 CFR 635.20(e)(2)

(2) All sharks, except as otherwise specified in paragraphs (e)(3) through (6) of this section, landed
under the recreational retention limits specified at § 635.22(c)(2) must be at least 54 inches (137
cm) FL.
(3) There is no size limit for Atlantic sharpnose or bonnethead sharks taken under the recreational
retention limits specified at § 635.22(c)(3).
(4) All hammerhead sharks landed under the recreational retention limits specified at § 635.22(c)(2)
must be at least 78 inches (198.1 cm) FL.
(5) There is no size limit for smoothhound sharks taken under the recreational retention limits specified
at § 635.22(c)(6).
(6) For shortfin mako sharks landed when the recreational retention limit specified at § 635.22(c)(8) is
greater than zero, males must be at least 71 inches (180 cm) fork length, and females must be at
least 83 inches (210 cm) fork length.
(f) Swordfish.
(1) For a swordfish that has its head naturally attached, the LJFL is the sole criterion for determining the
size of a swordfish. No person shall take, retain, possess, or land a whole (head on) North or South
Atlantic swordfish taken from its management unit that is not equal to or greater than 47 inches (119
cm) LJFL. A swordfish with the head naturally attached that is damaged by shark bites may be
retained only if the length of the remainder of the fish is equal to or greater than 47 inches (119 cm)
LJFL.
(2) If the head of a swordfish is no longer naturally attached, the CK measurement is the sole criterion
for determining the size of a swordfish. No person shall take, retain, possess, or land a dressed
North or South Atlantic swordfish taken from its management unit that is not equal to or greater than
25 inches (63 cm) CK length. A swordfish that is damaged by shark bites may be retained only if the
length of the remainder of the carcass is equal to or greater than 25 inches (63 cm) CK length.
(3) No person shall import into the United States an Atlantic swordfish weighing less than 33 lb (15 kg)
dressed weight, or a part derived from a swordfish that weighs less than 33 lb (15 kg) dressed
weight.
(4) Except for a swordfish landed in a Pacific state and remaining in that Pacific state of landing, a
swordfish, or part thereof, not meeting the minimum size measurements specified in § 635.20(f)(1)
or (2) will be deemed to be an Atlantic swordfish harvested by a vessel of the United States and to be
in violation of the minimum size requirement of this section unless such swordfish, or part thereof, is
accompanied by a swordfish statistical document attesting that the swordfish was lawfully
imported. Refer to § 300.186 of this title for the requirements related to the swordfish statistical
document.
(5) A swordfish, or part thereof, will be monitored for compliance with the minimum size requirement of
this section from the time it is landed in, or imported into, the United States up to, and including, the
point of first transaction in the United States.
[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 FR 42804, Aug. 15, 2001; 68 FR 714, Jan. 7, 2003; 68
FR 74785, Dec. 24, 2003; 69 FR 67284, Nov. 17, 2004; 71 FR 58167, Oct. 2, 2006; 74 FR 66587, Dec. 19, 2009; 75 FR 30525, June
1, 2010; 75 FR 57701, Sept. 22, 2010; 76 FR 70066, Nov. 10, 2011; 77 FR 45280, July 31, 2012; 78 FR 40346, July 3, 2013; 80 FR
73145, Nov. 24, 2015; 83 FR 33154, July 17, 2018; 83 FR 51397, Oct. 11, 2018; 84 FR 5376, Feb. 21, 2019; 87 FR 39382, July 1,
2022]
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50 CFR 635.21

§ 635.21 Gear operation and deployment restrictions.
(a) All Atlantic HMS fishing gears.
(1) An Atlantic HMS harvested from its management unit that is not retained must be released in a
manner that will ensure maximum probability of survival, but without removing the fish from the
water.
(2) If a billfish is caught by a hook and not retained, the fish must be released by cutting the line near the
hook or by using a dehooking device, in either case without removing the fish from the water.
(3) Restricted gear and closed areas for all Atlantic HMS fishing gears.
(i)

No person may fish for, catch, possess, or retain any Atlantic HMS or anchor a fishing vessel
that has been issued a permit or is required to be permitted under this part, in the areas and
seasons designated at § 622.34(a)(3) of this chapter.

(ii) From November through April of each year, no vessel issued, or required to be issued, a permit
under this part may fish or deploy any type of fishing gear in the Madison-Swanson closed area
or the Steamboat Lumps closed area, as defined in § 635.2.
(iii) From May through October of each year, no vessel issued, or required to be issued, a permit
under this part may fish or deploy any type of fishing gear in the Madison-Swanson or the
Steamboat Lumps closed areas except for surface trolling. For the purposes of this section,
surface trolling is defined as fishing with lines trailing behind a vessel which is in constant
motion at speeds in excess of four knots with a visible wake. Such trolling may not involve the
use of down riggers, wire lines, planers, or similar devices.
(iv) From January through April of each year, no vessel issued, or required to be issued, a permit
under this part may fish or deploy any type of fishing gear in the Edges 40 Fathom Contour
closed area, as defined in § 635.2.
(v) Within the areas of the Gulf coral HAPCs designated at § 622.74 of this chapter, no person may
bottom anchor a fishing vessel or deploy fishing gear that may not be deployed pursuant to §
622.74 of this chapter. For purposes of this provision, fishing gear is deployed if any part of the
gear is in contact with the water.
(4) Any person on board a vessel that is issued a commercial shark permit must release all shortfin
mako sharks, whether alive or dead, caught with any gear other than pelagic longline, bottom
longline, or gillnet gear, except that any person on board a vessel that is issued a commercial shark
permit in combination with a permit that has a shark endorsement may retain shortfin mako sharks
subject to the recreational minimum size limits in § 635.20, the recreational retention limits in §
635.22, and authorized gear requirements in § 635.19.
(b) Longline—general restrictions.
(1) All vessels that have pelagic or bottom longline gear onboard and that have been issued, or are
required to have, a swordfish, shark, or Atlantic Tunas Longline category LAP for use in the Atlantic
Ocean including the Caribbean Sea and the Gulf of Mexico must possess inside the wheelhouse the
document provided by NMFS entitled “Careful Release Protocols for Sea Turtle Release with Minimal
Injury,” and must also post inside the wheelhouse the sea turtle handling and release guidelines
provided by NMFS.

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50 CFR 635.21(b)(2)

(2) Transiting and gear stowage: If a vessel issued or required to be issued a LAP under this part has
pelagic or bottom longline gear onboard and is in a closed or gear restricted area as designated in
paragraph (c)(2) of this section or a monitoring area designated in paragraph (c)(3) of this section
that has been closed, it is a rebuttable presumption that any fish on board such a vessel were taken
with pelagic or bottom longline gear in the area except where such possession is aboard a vessel
transiting such an area with all fishing gear stowed appropriately. Longline gear is stowed
appropriately if all gangions and hooks are disconnected from the mainline and are stowed on or
below deck, hooks are not baited, and all buoys and weights are disconnected from the mainline and
drum (buoys may remain on deck).
(3) When a marine mammal or sea turtle is hooked or entangled by pelagic or bottom longline gear, the
operator of the vessel must immediately release the animal, retrieve the pelagic or bottom longline
gear, and move at least 1 nm (2 km) from the location of the incident before resuming fishing.
Similarly, when a smalltooth sawfish is hooked or entangled by bottom longline gear, the operator of
the vessel must immediately release the animal, retrieve the bottom longline gear, and move at least
1 nm (2 km) from the location of the incident before resuming fishing. Reports of marine mammal
entanglements must be submitted to NMFS consistent with regulations in § 229.6 of this title.
(4) Vessels that have pelagic or bottom longline gear on board and that have been issued, or are
required to have been issued, a permit under this part must have only corrodible hooks on board.
(c) Pelagic longlines.
(1) If a vessel issued or required to be issued a permit under this part:
(i)

Has bottom longline gear on board and is in a closed or gear restricted area designated under
paragraph (c)(2) of this section or is in a monitoring area designated under paragraph (c)(3) of
this section that has been closed, the vessel may not, at any time, possess or land any pelagic
species listed in table 2 of appendix A to this part in excess of 5 percent, by weight, of the total
weight of pelagic and demersal species possessed or landed, that are listed in tables 2 and 3 of
appendix A to this part.

(ii) Has pelagic longline gear on board, persons aboard that vessel may not possess, retain,
transship, land, sell, or store silky sharks, oceanic whitetip sharks, or scalloped, smooth, or
great hammerhead sharks.
(iii) Has pelagic longline gear on board, persons aboard that vessel are required to release
unharmed, to the extent practicable, porbeagle sharks that are alive at the time of haulback.
(iv) Has pelagic longline gear on board, persons aboard that vessel are required to promptly release
in a manner that causes the least harm any shortfin mako shark that is alive at the time of
haulback, consistent with the requirements specified at paragraphs (a)(1) and (c)(6)(i) of this
section. When the commercial retention limit specified at § 635.24(a)(4)(v) is greater than zero,
any shortfin mako shark that is dead at the time of haulback may be retained provided the
electronic monitoring system is installed and functioning in compliance with the requirements
at § 635.9.
(2) If pelagic longline gear is on board a vessel issued or required to be issued a LAP under this part,
persons aboard that vessel may not fish or deploy any type of fishing gear:
(i)

In the Charleston Bump closed area from February 1 through April 30 each calendar year;

(ii) In the East Florida Coast closed area at any time;
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50 CFR 635.21(c)(2)(iii)

(iii) In the Desoto Canyon closed area at any time;
(iv) In the NED at any time, unless persons onboard the vessel comply with the following:
(A) The vessel is limited to possessing onboard and/or using only 18/0 or larger circle hooks
with an offset not to exceed 10 degrees. The outer diameter of the circle hook at its
widest point must be no smaller than 2.16 inches (55 mm) when measured with the eye
on the hook on the vertical axis (y-axis) and perpendicular to the horizontal axis (x-axis),
and the distance between the circle hook point and the shank (i.e., the gap) must be no
larger than 1.13 inches (28.8 mm). The allowable offset is measured from the barbed end
of the hook and is relative to the parallel plane of the eyed-end, or shank, of the hook when
laid on its side. The only allowable offset circle hooks are those that are offset by the hook
manufacturer. If green-stick gear, as defined at § 635.2, is onboard, a vessel may possess
up to 20 J-hooks. J-hooks may be used only with green-stick gear, and no more than 10
hooks may be used at one time with each green-stick gear. J-hooks used with green-stick
gear may be no smaller than 1.5 inch (38.1 mm) when measured in a straight line over the
longest distance from the eye to any other part of the hook; and,
(B) The vessel is limited, at all times, to possessing onboard and/or using only whole Atlantic
mackerel and/or squid bait, except that artificial bait may be possessed and used only
with green-stick gear, as defined at § 635.2, if green-stick gear is onboard; and,
(C) Vessels must possess, inside the wheelhouse, a document provided by NMFS entitled,
“Careful Release Protocols for Sea Turtle Release with Minimal Injury,” and must post,
inside the wheelhouse, sea turtle handling and release guidelines provided by NMFS; and,
(D) Required sea turtle bycatch mitigation gear, which NMFS has approved under paragraph
(c)(5)(iv) of this section, on the initial list of “NMFS-Approved Models For Equipment
Needed For The Careful Release of Sea Turtles Caught In Hook And Line Fisheries,” must
be carried onboard, and must be used in accordance with the handling requirements
specified in paragraphs (c)(2)(iv)(E) through (G) of this section; and,
(E) Sea turtle bycatch mitigation gear, specified in paragraph (c)(2)(iv)(D) of this section, must
be used to disengage any hooked or entangled sea turtles that cannot be brought on
board, and to facilitate access, safe handling, disentanglement, and hook removal or hook
cutting from sea turtles that can be brought on board, where feasible. Sea turtles must be
handled, and bycatch mitigation gear must be used, in accordance with the careful release
protocols and handling/release guidelines specified in paragraph (c)(2)(iv)(C) of this
section, and in accordance with the onboard handling and resuscitation requirements
specified in § 223.206(d)(1) of this title.
(F) Boated turtles: When practicable, active and comatose sea turtles must be brought on
board, with a minimum of injury, using a dipnet approved on the initial list specified in
paragraph (c)(2)(iv)(D) of this section. All turtles less than 3 ft. (.91 m) carapace length
should be boated, if sea conditions permit. A boated turtle should be placed on a standard
automobile tire, or cushioned surface, in an upright orientation to immobilize it and
facilitate gear removal. Then, it should be determined if the hook can be removed without
causing further injury. All externally embedded hooks should be removed, unless hook
removal would result in further injury to the turtle. No attempt to remove a hook should be
made if the hook has been swallowed and the insertion point is not visible, or if it is
determined that removal would result in further injury. If a hook cannot be removed, as
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50 CFR 635.21(c)(2)(iv)(G)

much line as possible should be removed from the turtle using approved monofilament
line cutters from the initial list specified in paragraph (c)(2)(iv)(D) of this section, and the
hook should be cut as close as possible to the insertion point, using bolt cutters from that
list, before releasing the turtle. If a hook can be removed, an effective technique may be to
cut off either the barb, or the eye, of the hook using bolt cutters, and then to slide the hook
out. When the hook is visible in the front of the mouth, an approved mouth-opener from
the initial list specified in paragraph (c)(2)(iv)(D) of this section may facilitate opening the
turtle's mouth, and an approved gag from that list may facilitate keeping the mouth open.
Short-handled dehookers for ingested hooks, long-nose pliers, or needle-nose pliers from
the initial list specified in paragraph (c)(2)(iv)(D) of this section should be used to remove
visible hooks that have not been swallowed from the mouth of boated turtles, as
appropriate. As much gear as possible must be removed from the turtle without causing
further injury prior to its release. Refer to the careful release protocols and handling/
release guidelines required in paragraph (c)(2)(iv)(C) of this section, and the handling and
resuscitation requirements specified in § 223.206(d)(1) of this title, for additional
information.
(G) Non-boated turtles: If a sea turtle is too large, or hooked in a manner that precludes safe
boating without causing further damage or injury to the turtle, sea turtle bycatch
mitigation gear, specified in paragraph (c)(2)(iv)(D) of this section, must be used to
disentangle sea turtles from fishing gear and disengage any hooks, or to clip the line and
remove as much line as possible from a hook that cannot be removed, prior to releasing
the turtle, in accordance with the protocols specified in paragraph (c)(2)(iv)(C) of this
section. Non-boated turtles should be brought close to the boat and provided with time to
calm down. Then, it must be determined whether or not the hook can be removed without
causing further injury. A front flipper or flippers of the turtle must be secured, if possible,
with an approved turtle control device from the list specified in paragraph (c)(2)(iv)(D) of
this section. All externally embedded hooks must be removed, unless hook removal would
result in further injury to the turtle. No attempt should be made to remove a hook if it has
been swallowed, or if it is determined that removal would result in further injury. If the
hook cannot be removed and/or if the animal is entangled, as much line as possible must
be removed prior to release, using an approved line cutter from the list specified in
paragraph (c)(2)(iv)(D) of this section. If the hook can be removed, it must be removed
using a long-handled dehooker from the initial list specified in paragraph (c)(2)(iv)(D) of
this section. Without causing further injury, as much gear as possible must be removed
from the turtle prior to its release. Refer to the careful release protocols and handling/
release guidelines required in paragraph (c)(2)(iv)(C) of this section, and the handling and
resuscitation requirements specified in § 223.206(d)(1) of this title, for additional
information.
(3) From April 2, 2020 to December 31, 2022, a vessel issued or required to be issued a LAP under this
part may fish with pelagic longline gear in the Northeastern United States Pelagic Longline
Monitoring Area during the month of June or in the Spring Gulf of Mexico Pelagic Longline
Monitoring Area during the months of April and May until the annual IBQ allocation threshold for the
monitoring area has been reached or is projected to be reached. The annual IBQ allocation threshold
is 150,519 lb for the Northeastern United States Pelagic Longline Monitoring Area, and 63,150 lb for
the Spring Gulf of Mexico Pelagic Longline Monitoring Area. If between April 2, 2020 and December
31, 2022, the U.S. allocation of ICCAT bluefin tuna quota codified at § 635.27(a) is reduced, and the
BFT Longline category quota established at § 635.26 (a)(3) is subsequently reduced, the annual IBQ
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50 CFR 635.21(c)(4)

allocation thresholds for each monitoring area will be modified as follows: The Gulf of Mexico
threshold will be 55 percent of the Gulf of Mexico regional designation as defined at § 635.15 (b)(2)
and 72 percent of the Atlantic regional designation as defined at § 635.15 (b)(2). When the relevant
threshold is reached, or is projected to be reached, NMFS will file for publication with the Office of
the Federal Register a closure for that monitoring area, which will be effective no fewer than five
days from date of filing. From the effective date and time of the closure forward, vessels issued or
required to be issued a LAP under this part and that have pelagic longline gear on board are
prohibited from deploying pelagic longline gear within the boundaries of the relevant monitoring area
during the months specified for that area in this paragraph above. After December 31, 2022, if no
closure of a particular monitoring area has been implemented under the provisions of this
paragraph, vessels with pelagic longline gear on board may continue to deploy pelagic longline gear
in that area; if a closure has been issued for a particular monitoring area under the provisions of this
paragraph, vessels with pelagic longline gear on board will continue to be prohibited from deploying
pelagic longline gear in that area.
(4) In the Gulf of Mexico, pelagic longline gear may not be fished or deployed from a vessel issued or
required to have been issued a LAP under this part with live bait affixed to the hooks; and, a person
aboard a vessel issued or required to have been issued a LAP under this part that has pelagic
longline gear on board may not possess live baitfish, maintain live baitfish in any tank or well on
board the vessel, or set up or attach an aeration or water circulation device in or to any such tank or
well. For the purposes of this section, the Gulf of Mexico includes all waters of the U.S. EEZ west and
north of the boundary stipulated at 50 CFR 600.105(c).
(5) The operator of a vessel permitted or required to be permitted under this part and that has pelagic
longline gear on board must undertake the following sea turtle bycatch mitigation measures:
(i)

Possession and use of required mitigation gear. Required sea turtle bycatch mitigation gear,
which NMFS has approved under paragraph (c)(5)(iv) of this section as meeting the minimum
design standards specified in paragraphs (c)(5)(i)(A) through (M) of this section, must be
carried onboard, and must be used to disengage any hooked or entangled sea turtles in
accordance with the handling requirements specified in paragraph (c)(5)(ii) of this section.
(A) Long-handled line clipper or cutter. Line cutters are intended to cut high test monofilament
line as close as possible to the hook, and assist in removing line from entangled sea
turtles to minimize any remaining gear upon release. NMFS has established minimum
design standards for the line cutters, which may be purchased or fabricated from readily
available and low-cost materials. The LaForce line cutter and the Arceneaux line clipper
are models that meet these minimum design standards. One long-handled line clipper or
cutter meeting the minimum design standards, and a set of replacement blades, are
required to be onboard. The minimum design standards for line cutters are as follows:
(1) A protected and secured cutting blade. The cutting blade(s) must be capable of
cutting 2.0-2.1 mm (0.078 in.-0.083 in.) monofilament line (400-lb test) or
polypropylene multistrand material, known as braided or tarred mainline, and must be
maintained in working order. The cutting blade must be curved, recessed, contained
in a holder, or otherwise designed to facilitate its safe use so that direct contact
between the cutting surface and the sea turtle or the user is prevented. The cutting
instrument must be securely attached to an extended reach handle and be easily
replaceable. One extra set of replacement blades meeting these standards must also
be carried on board to replace all cutting surfaces on the line cutter or clipper.

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50 CFR 635.21(c)(5)(i)(A)(2)

(2) An extended reach handle. The line cutter blade(s) must be securely fastened to an
extended reach handle or pole with a minimum length equal to, or greater than, 150
percent of the height of the vessel's freeboard, or 6 feet (1.83 m), whichever is
greater. It is recommended, but not required, that the handle break down into
sections. There is no restriction on the type of material used to construct this handle
as long as it is sturdy and facilitates the secure attachment of the cutting blade.
(B) Long-handled dehooker for ingested hooks. A long-handled dehooking device is intended
to remove ingested hooks from sea turtles that cannot be boated. It should also be used
to engage a loose hook when a turtle is entangled but not hooked, and line is being
removed. The design must shield the barb of the hook and prevent it from re-engaging
during the removal process. One long-handled device, meeting the minimum design
standards, is required onboard to remove ingested hooks. The minimum design standards
are as follows:
(1) Hook removal device. The hook removal device must be constructed of 5/16-inch
(7.94 mm) 316 L stainless steel and have a dehooking end no larger than 1-7/
8-inches (4.76 cm) outside diameter. The device must securely engage and control
the leader while shielding the barb to prevent the hook from re-engaging during
removal. It may not have any unprotected terminal points (including blunt ones), as
these could cause injury to the esophagus during hook removal. The device must be
of a size appropriate to secure the range of hook sizes and styles used in the pelagic
longline fishery targeting swordfish and tuna.
(2) Extended reach handle. The dehooking end must be securely fastened to an
extended reach handle or pole with a minimum length equal to or greater than 150
percent of the height of the vessel's freeboard, or 6 ft. (1.83 m), whichever is greater.
It is recommended, but not required, that the handle break down into sections. The
handle must be sturdy and strong enough to facilitate the secure attachment of the
hook removal device.
(C) Long-handled dehooker for external hooks. A long-handled dehooker, meeting the
minimum design standards, is required onboard for use on externally-hooked sea turtles
that cannot be boated. The long-handled dehooker for ingested hooks described in
paragraph (c)(5)(i)(B) of this section would meet this requirement. The minimum design
standards are as follows:
(1) Construction. A long-handled dehooker must be constructed of 5/16-inch (7.94 mm)
316 L stainless steel rod. A 5-inch (12.7-cm) tube T-handle of 1-inch (2.54 cm)
outside diameter is recommended, but not required. The design should be such that
a fish hook can be rotated out, without pulling it out at an angle. The dehooking end
must be blunt with all edges rounded. The device must be of a size appropriate to
secure the range of hook sizes and styles used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Extended reach handle. The handle must be a minimum length equal to the height of
the vessel's freeboard or 6 ft. (1.83 m), whichever is greater.
(D) Long-handled device to pull an “inverted V.” This tool is used to pull a “V” in the fishing line
when implementing the “inverted V” dehooking technique, as described in the document
entitled “Careful Release Protocols for Sea Turtle Release With Minimal Injury,” required
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50 CFR 635.21(c)(5)(i)(D)(1)

under paragraph (a)(3) of this section, for disentangling and dehooking entangled sea
turtles. One long-handled device to pull an “inverted V”, meeting the minimum design
standards, is required onboard. If a 6-ft (1.83 m) J-style dehooker is used to comply with
paragraph (c)(5)(i)(C) of this section, it will also satisfy this requirement. Minimum design
standards are as follows:
(1) Hook end. This device, such as a standard boat hook or gaff, must be constructed of
stainless steel or aluminum. A sharp point, such as on a gaff hook, is to be used only
for holding the monofilament fishing line and should never contact the sea turtle.
(2) Extended reach handle. The handle must have a minimum length equal to the height
of the vessel's freeboard, or 6 ft. (1.83 m), whichever is greater. The handle must be
sturdy and strong enough to facilitate the secure attachment of the gaff hook.
(E) Dipnet. One dipnet, meeting the minimum design standards, is required onboard. Dipnets
are to be used to facilitate safe handling of sea turtles by allowing them to be brought
onboard for fishing gear removal, without causing further injury to the animal. Turtles
must not be brought onboard without the use of a dipnet. The minimum design standards
for dipnets are as follows:
(1) Size of dipnet. The dipnet must have a sturdy net hoop of at least 31 inches (78.74
cm) inside diameter and a bag depth of at least 38 inches (96.52 cm) to
accommodate turtles below 3 ft. (0.914 m) carapace length. The bag mesh openings
may not exceed 3 inches (7.62 cm). There must be no sharp edges or burrs on the
hoop, or where the hoop is attached to the handle.
(2) Extended reach handle. The dipnet hoop must be securely fastened to an extended
reach handle or pole with a minimum length equal to, or greater than, 150 percent of
the height of the vessel's freeboard, or at least 6 ft (1.83 m), whichever is greater. The
handle must made of a rigid material strong enough to facilitate the sturdy
attachment of the net hoop and able to support a minimum of 100 lbs (34.1 kg)
without breaking or significant bending or distortion. It is recommended, but not
required, that the extended reach handle break down into sections.
(F) Tire. A minimum of one tire is required onboard for supporting a turtle in an upright
orientation while it is onboard, although an assortment of sizes is recommended to
accommodate a range of turtle sizes. The required tire must be a standard passenger
vehicle tire, and must be free of exposed steel belts.
(G) Short-handled dehooker for ingested hooks. One short-handled device, meeting the
minimum design standards, is required onboard for removing ingested hooks. This
dehooker is designed to remove ingested hooks from boated sea turtles. It can also be
used on external hooks or hooks in the front of the mouth. Minimum design standards are
as follows:
(1) Hook removal device. The hook removal device must be constructed of 1⁄4-inch (6.35
mm) 316 L stainless steel, and must allow the hook to be secured and the barb
shielded without re-engaging during the removal process. It must be no larger than
15⁄ inch (3.33 cm) outside diameter. It may not have any unprotected terminal
16
points (including blunt ones), as this could cause injury to the esophagus during
hook removal. A sliding PVC bite block must be used to protect the beak and
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facilitate hook removal if the turtle bites down on the dehooking device. The bite
block should be constructed of a 3⁄4-inch (1.91 cm) inside diameter high impact
plastic cylinder (e.g., Schedule 80 PVC) that is 10 inches (25.4 cm) long to allow for 5
inches (12.7 cm) of slide along the shaft. The device must be of a size appropriate to
secure the range of hook sizes and styles used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Handle length. The handle should be approximately 16-24 inches (40.64 cm-60.69
cm) in length, with approximately a 5-inch (12.7 cm) long tube T-handle of
approximately 1 inch (2.54 cm) in diameter.
(H) external hooks. One short-handled dehooker for external hooks, meeting the minimum
design standards, is required onboard. The short-handled dehooker for ingested hooks
required to comply with paragraph (c)(5)(i)(G) of this section will also satisfy this
requirement. Minimum design standards are as follows:
(1) Hook removal device. The dehooker must be constructed of 5⁄16-inch (7.94 cm) 316 L
stainless steel, and the design must be such that a hook can be rotated out without
pulling it out at an angle. The dehooking end must be blunt, and all edges rounded.
The device must be of a size appropriate to secure the range of hook sizes and styles
used in the pelagic longline fishery targeting swordfish and tuna.
(2) Handle length. The handle should be approximately 16-24 inches (40.64 cm-60.69
cm) long with approximately a 5-inch (12.7 cm) long tube T-handle of approximately
1 inch (2.54 cm) in diameter.
(I)

Long-nose or needle-nose pliers. One pair of long-nose or needle-nose pliers, meeting the
minimum design standards, is required on board. Required long-nose or needle-nose pliers
can be used to remove deeply embedded hooks from the turtle's flesh that must be
twisted during removal. They can also hold PVC splice couplings, when used as mouth
openers, in place. To meet the minimum design standards such pliers must generally be
approximately 12 inches (30.48 cm) in length, and should be constructed of stainless
steel material.

(J) Bolt cutters. One pair of bolt cutters, meeting the minimum design standards, is required
on board. Required bolt cutters may be used to cut hooks to facilitate their removal. They
should be used to cut off the eye or barb of a hook, so that it can safely be pushed through
a sea turtle without causing further injury. They should also be used to cut off as much of
the hook as possible, when the remainder of the hook cannot be removed. To meet the
minimum design standards such bolt cutters must generally be approximately 17 inches
(43.18 cm) in total length, with 4-inch (10.16 cm) long blades that are 21⁄4 inches (5.72
cm) wide, when closed, and with 13-inch (33.02 cm) long handles. Required bolt cutters
must be able to cut hard metals, such as stainless or carbon steel hooks, up to 1⁄4-inch
(6.35 mm) diameter.
(K) Monofilament line cutters. One pair of monofilament line cutters is required on board.
Required monofilament line cutters must be used to remove fishing line as close to the
eye of the hook as possible, if the hook is swallowed or cannot be removed. To meet the
minimum design standards such monofilament line cutters must generally be

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approximately 71⁄2 inches (19.05 cm) in length. The blades must be 1 in (4.45 cm) in
length and 5⁄8-in (1.59 cm) wide, when closed, and are recommended to be coated with
Teflon (a trademark owned by E.I. DuPont de Nemours and Company Corp.).
(L) Mouth openers/mouth gags. Required mouth openers and mouth gags are used to open
sea turtle mouths, and to keep them open when removing ingested hooks from boated
turtles. They must allow access to the hook or line without causing further injury to the
turtle. Design standards are included in the item descriptions. At least two of the seven
different types of mouth openers/gags described below are required:
(1) A block of hard wood. Placed in the corner of the jaw, a block of hard wood may be
used to gag open a turtle's mouth. A smooth block of hard wood of a type that does
not splinter (e.g. maple) with rounded edges should be sanded smooth, if necessary,
and soaked in water to soften the wood. The dimensions should be approximately 11
inches (27.94 cm) 1 inch (2.54 cm) 1 inch (2.54 cm). A long-handled, wire shoe brush
with a wooden handle, and with the wires removed, is an inexpensive, effective and
practical mouth-opening device that meets these requirements.
(2) A set of three canine mouth gags. Canine mouth gags are highly recommended to
hold a turtle's mouth open, because the gag locks into an open position to allow for
hands-free operation after it is in place. A set of canine mouth gags must include one
of each of the following sizes: small (5 inches) (12.7 cm), medium (6 inches) (15.24
cm), and large (7 inches) (17.78 cm). They must be constructed of stainless steel. A
1-inch (4.45 cm) piece of vinyl tubing (3⁄4-inch (1.91 cm) outside diameter and
5⁄ -inch (1.59 cm) inside diameter) must be placed over the ends to protect the
8
turtle's beak.
(3) A set of two sturdy dog chew bones. Placed in the corner of a turtle's jaw, canine
chew bones are used to gag open a sea turtle's mouth. Required canine chews must
be constructed of durable nylon, zylene resin, or thermoplastic polymer, and strong
enough to withstand biting without splintering. To accommodate a variety of turtle
beak sizes, a set must include one large (51⁄2-8 inches (13.97 cm-20.32 cm) in
length), and one small (31⁄2-41⁄2 inches (8.89 cm-11.43 cm) in length) canine chew
bones.
(4) A set of two rope loops covered with hose. A set of two rope loops covered with a
piece of hose can be used as a mouth opener, and to keep a turtle's mouth open
during hook and/or line removal. A required set consists of two 3-foot (0.91 m)
lengths of poly braid rope (3⁄8-inch (9.52 mm) diameter suggested), each covered
with an 8-inch (20.32 cm) section of 1⁄2-inch (1.27 cm) or 3⁄4-inch (1.91 cm) light-duty
garden hose, and each tied into a loop. The upper loop of rope covered with hose is
secured on the upper beak to give control with one hand, and the second piece of
rope covered with hose is secured on the lower beak to give control with the user's
foot.
(5) A hank of rope. Placed in the corner of a turtle's jaw, a hank of rope can be used to
gag open a sea turtle's mouth. A 6-foot (1.83 m) lanyard of approximately 3⁄16-inch
(4.76 mm) braided nylon rope may be folded to create a hank, or looped bundle, of
rope. Any size soft-braided nylon rope is allowed, however it must create a hank of
approximately 2-4 inches (5.08 cm-10.16 cm) in thickness.
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(6) A set of four PVC splice couplings. PVC splice couplings can be positioned inside a
turtle's mouth to allow access to the back of the mouth for hook and line removal.
They are to be held in place with the needle-nose pliers. To ensure proper fit and
access, a required set must consist of the following Schedule 40 PVC splice coupling
sizes: 1 inch (2.54 cm), 11⁄4 inch (3.18 cm), 11⁄2 inch (3.81 cm), and 2 inches (5.08
cm).
(7) A large avian oral speculum. A large avian oral speculum provides the ability to hold a
turtle's mouth open and to control the head with one hand, while removing a hook
with the other hand. The avian oral speculum must be 9-inches (22.86 cm) long, and
constructed of 3⁄16-inch (4.76 mm) wire diameter surgical stainless steel (Type 304).
It must be covered with 8 inches (20.32 cm) of clear vinyl tubing (5⁄16-inch (7.9 mm)
outside diameter, 3⁄16-inch (4.76 mm) inside diameter).
(M) Turtle control devices. One turtle control device, as described in paragraph (c)(5)(i)(M)(1)
or (2) of this section, and meeting the minimum design standards, is required onboard and
must be used to secure a front flipper of the sea turtle so that the animal can be controlled
at the side of the vessel. It is strongly recommended that a pair of turtle control devices be
used to secure both front flippers when crew size and conditions allow. Minimum design
standards consist of:
(1) Turtle tether and extended reach handle. Approximately 15-20 feet of 1⁄2-inch hard lay
negative buoyance line is used to make an approximately 30-inch loop to slip over the
flipper. The line is fed through a 3⁄4-inch fair lead, eyelet, or eyebolt at the working end
of a pole and through a 3⁄4-inch eyelet or eyebolt in the midsection. A 1⁄2-inch quick
release cleat holds the line in place near the end of the pole. A final 3⁄4-inch eyelet or
eyebolt should be positioned approximately 7-inches behind the cleat to secure the
line, while allowing a safe working distance to avoid injury when releasing the line
from the cleat. The line must be securely fastened to an extended reach handle or
pole with a minimum length equal to, or greater than, 150 percent of the height of the
vessel's freeboard, or a minimum of 6 feet (1.83 m), whichever is greater. There is no
restriction on the type of material used to construct this handle, as long as it is
sturdy. The handle must include a tag line to attach the tether to the vessel to prevent
the turtle from breaking away with the tether still attached.
(2) T&G ninja sticks and extended reach handles. Approximately 30-35 feet of 1⁄2-inch to
5⁄ -inch soft lay polypropylene or nylon line or similar is fed through 2 PVC conduit,
8
fiberglass, or similar sturdy poles and knotted using an overhand (recommended)
knot at the end of both poles or otherwise secured. There should be approximately
18-24 inches of exposed rope between the poles to be used as a working surface to
capture and secure the flipper. Knot the line at the ends of both poles to prevent line
slippage if they are not otherwise secured. The remaining line is used to tether the
apparatus to the boat unless an additional tag line is used. Two lengths of sunlight
resistant 3⁄4-inch schedule 40 PVC electrical conduit, fiberglass, aluminum, or similar
material should be used to construct the apparatus with a minimum length equal to,
or greater than, 150 percent of the height of the vessel's freeboard, or 6 feet (1.83 m),
whichever is greater.
(ii) Handling and release requirements.

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(A) Sea turtle bycatch mitigation gear, as required by paragraphs (c)(5)(i)(A) through (D) of
this section, must be used to disengage any hooked or entangled sea turtles that cannot
be brought onboard. Sea turtle bycatch mitigation gear, as required by paragraphs
(c)(5)(i)(E) through (M) of this section, must be used to facilitate access, safe handling,
disentanglement, and hook removal or hook cutting of sea turtles that can be brought
onboard, where feasible. Sea turtles must be handled, and bycatch mitigation gear must
be used, in accordance with the careful release protocols and handling/release guidelines
specified in paragraph (a)(3) of this section, and in accordance with the onboard handling
and resuscitation requirements specified in § 223.206(d)(1) of this title.
(B) Boated turtles. When practicable, active and comatose sea turtles must be brought on
board, with a minimum of injury, using a dipnet as required by paragraph (c)(5)(i)(E) of this
section. All turtles less than 3 ft. (.91 m) carapace length should be boated, if sea
conditions permit.
(1) A boated turtle should be placed on a standard automobile tire, or cushioned surface,
in an upright orientation to immobilize it and facilitate gear removal. Then, it should
be determined if the hook can be removed without causing further injury.
(2) All externally embedded hooks should be removed, unless hook removal would result
in further injury to the turtle. No attempt to remove a hook should be made if it has
been swallowed and the insertion point is not visible, or if it is determined that
removal would result in further injury.
(3) If a hook cannot be removed, as much line as possible should be removed from the
turtle using monofilament cutters as required by paragraph (c)(5)(i) of this section,
and the hook should be cut as close as possible to the insertion point before
releasing the turtle, using boltcutters as required by paragraph (c)(5)(i) of this
section.
(4) If a hook can be removed, an effective technique may be to cut off either the barb, or
the eye, of the hook using bolt cutters, and then to slide the hook out. When the hook
is visible in the front of the mouth, a mouth-opener, as required by paragraph (c)(5)(i)
of this section, may facilitate opening the turtle's mouth and a gag may facilitate
keeping the mouth open. Short-handled dehookers for ingested hooks, long-nose
pliers, or needle-nose pliers, as required by paragraph (c)(5)(i) of this section, should
be used to remove visible hooks from the mouth that have not been swallowed on
boated turtles, as appropriate.
(5) As much gear as possible must be removed from the turtle without causing further
injury prior to its release. Refer to the careful release protocols and handling/release
guidelines required in paragraph (a)(3) of this section, and the handling and
resuscitation requirements specified in § 223.206(d)(1) of this title, for additional
information.
(C) Non-boated turtles. If a sea turtle is too large, or hooked in a manner that precludes safe
boating without causing further damage or injury to the turtle, sea turtle bycatch
mitigation gear required by paragraphs (c)(5)(i)(A) through (D) of this section must be

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used to disentangle sea turtles from fishing gear and disengage any hooks, or to clip the
line and remove as much line as possible from a hook that cannot be removed, prior to
releasing the turtle, in accordance with the protocols specified in paragraph (a)(3) of this
section.
(1) Non-boated turtles should be brought close to the boat and provided with time to
calm down. Then, it must be determined whether or not the hook can be removed
without causing further injury. A front flipper or flippers of the turtle must be secured
with an approved turtle control device from the list specified in paragraph
(c)(2)(iv)(D) of this section.
(2) All externally embedded hooks must be removed, unless hook removal would result
in further injury to the turtle. No attempt should be made to remove a hook if it has
been swallowed, or if it is determined that removal would result in further injury. If the
hook cannot be removed and/or if the animal is entangled, as much line as possible
must be removed prior to release, using a line cutter as required by paragraph
(c)(5)(i) of this section. If the hook can be removed, it must be removed using a longhandled dehooker as required by paragraph (c)(5)(i) of this section.
(3) Without causing further injury, as much gear as possible must be removed from the
turtle prior to its release. Refer to the careful release protocols and handling/release
guidelines required in paragraph (a)(3) of this section, and the handling and
resuscitation requirements specified in § 223.206(d)(1) for additional information.
(iii) Gear modifications. The following measures are required of vessel operators to reduce the
incidental capture and mortality of sea turtles:
(A) Gangion length. The length of any gangion on vessels that have pelagic longline gear on
board and that have been issued, or are required to have, a swordfish, shark, or Atlantic
Tunas Longline category LAP for use in the Atlantic Ocean including the Caribbean Sea
and the Gulf of Mexico must be at least 10 percent longer than any floatline length if the
total length of any gangion plus the total length of any floatline is less than 100 meters.
(B) Bait. Vessels fishing outside of the NED, as defined at § 635.2, that have pelagic longline
gear on board, and that have been issued or are required to be issued a LAP under this
part, are limited, at all times, to possessing on board and/or using only whole finfish and/
or squid bait except that if green-stick gear is also on board, artificial bait may be
possessed, but may be used only with green-stick gear.
(C) Hook size and type. Vessels fishing outside of the NED, as defined at § 635.2, that have
pelagic longline gear on board, and that have been issued or are required to be issued a
LAP under this part are limited, at all times, to possessing on board and/or using only 16/0
or larger non-offset circle hooks or 18/0 or larger circle hooks with an offset not to exceed
10°. These hooks must meet the criteria listed in paragraphs (c)(5)(iii)(C)(1) through (3) of
this section. A limited exception for the possession and use of J-hooks when green-stick
gear is on board is described in paragraph (c)(5)(iii)(C)(4) of this section.
(1) For the 18/0 or larger circle hooks with an offset not to exceed 10°, the outer
diameter of an 18/0 circle hook at its widest point must be no smaller than 2.16
inches (55 mm), when measured with the eye of the hook on the vertical axis (y-axis)
and perpendicular to the horizontal axis (x-axis). The distance between the hook
point and the shank (i.e., the gap) on an 18/0 circle hook must be no larger than 1.13
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inches (28.8 mm). The allowable offset is measured from the barbed end of the
hook, and is relative to the parallel plane of the eyed-end, or shank, of the hook when
laid on its side. The only allowable offset circle hooks are those that are offset by the
hook manufacturer.
(2) For the 16/0 or larger non-offset circle hooks, the outer diameter of a 16/0 circle
hook at its widest point must be no smaller than 1.74 inches (44.3 mm), when
measured with the eye of the hook on the vertical axis (y-axis) and perpendicular to
the horizontal axis (x-axis). The distance between the hook point and the shank (i.e.,
the gap) on a 16/0 circle hook must be no larger than 1.01 inches (25.8 mm).
(3) Between the months of January through June of any given calendar year in the Gulf
of Mexico, all circle hooks must also be constructed of corrodible round wire stock
that is no larger than 3.65 mm in diameter. For the purposes of this section, the Gulf
of Mexico includes all waters of the U.S. EEZ west and north of the boundary
stipulated at 50 CFR 600.105(c).
(4) If green-stick gear, as defined at § 635.2, is also on board, a vessel that has pelagic
longline gear on board, may possess up to 20 J-hooks. J-hooks may be used only
with green-stick gear, and no more than 10 hooks may be used at one time with each
green-stick gear. J-hooks used with green-stick gear may be no smaller than 1.5 inch
(38.1 mm) when measured in a straight line over the longest distance from the eye to
any other part of the hook.
(iv) Approval of sea turtle bycatch mitigation gear. NMFS will file with the Office of the Federal
Register for publication an initial list of required sea turtle bycatch mitigation gear that NMFS
has approved as meeting the minimum design standards specified under paragraph (c)(5)(i) of
this section. Other devices proposed for use, such as line clippers or cutters or dehookers, as
specified under paragraphs (c)(5)(i)(A) through (C), (G), and (H) through (K) of this section,
must be approved as meeting the minimum design standards before being used. NMFS will
examine new devices, as they become available, to determine if they meet the minimum design
standards, and will file with the Office of the Federal Register for publication notification of any
new devices that are approved as meeting the standards.
(6) The owner or operator of a vessel permitted or required to be permitted under this part and that has
pelagic longline gear on board must undertake the following shark bycatch mitigation measures:
(i)

Handling and release requirements. As safely as practicable, any hooked or entangled sharks
that are not being retained must be released using dehookers or line clippers or cutters. If using
a line clipper or cutter, the gangion must be cut so that less than three feet (91.4 cm) of line
remains attached to the hook.

(ii) Fleet communication and relocation protocol. The owner or operator of any vessel that catches
a dusky shark must, as quickly as practicable, broadcast the location of the dusky shark
interaction over the radio to other fishing vessels in the surrounding area. Subsequent fishing
sets by that vessel on that trip must be at least 1 nmi from the reported location of the dusky
shark catch. Vessel owners and operators are encouraged to move the vessel further away than
1 nmi if conditions (e.g., water temperature, depth, tide, etc.) indicate that moving a greater
distance is warranted to avoid additional dusky shark interactions.
(d) Bottom longlines.
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(1) If bottom longline gear is onboard a vessel issued a permit under this part, persons aboard that
vessel may not fish or deploy any type of fishing gear in the following areas:
(i)

The mid-Atlantic shark closed area from January 1 through July 31 each calendar year;

(ii) The areas designated at § 622.435(a)(2)(i) through (iii) of this chapter, year-round; and
(iii) The areas described in paragraphs (d)(1)(iii)(A) through (H) of this section, year-round.
(A) Snowy Grouper Wreck. Bounded by rhumb lines connecting, in order, the following points:
33°25′ N. lat., 77°04.75′ W. long.; 33°34.75′ N. lat., 76°51.3′ W. long.; 33°25.5′ N. lat.,
76°46.5′ W. long.; 33°15.75′ N. lat., 77°00.0′ W. long.; 33°25′ N. lat., 77°04.75′ W. long.
(B) Northern South Carolina. Bounded on the north by 32°53.5′ N. lat.; on the south by 32°48.5′
N. lat.; on the east by 78°04.75′ W. long.; and on the west by 78°16.75′ W. long.
(C) Edisto. Bounded on the north by 32°24′ N. lat.; on the south by 32°18.5′ N. lat.; on the east
by 78°54.0′ W. long.; and on the west by 79°06.0′ W. long.
(D) Charleston Deep Artificial Reef. Bounded by rhumb lines connecting, in order, the following
points: 32°05.04′ N lat. 79°13.575′ W long.; 32°9.65′ N lat., 79°9.2′ W long.; 32°7.155′ N lat.,
79°5.595′ W long.; 32°2.36′ N lat., 79°9.975′ W long.; 32°5.04′ N lat., 79°13.575′ W long.
(E) Georgia. Bounded by rhumb lines connecting, in order, the following points: 31°43′ N. lat.,
79°31′ W. long.; 31°43′ N. lat., 79°21′ W. long.; 31°34′ N. lat., 79°29′ W. long.; 31°34′ N. lat.,
79°39′ W. long; 31°43′ N. lat., 79°31′ W. long.
(F) North Florida. Bounded on the north by 30°29′ N. lat.; on the south by 30°19′ N. lat.; on the
east by 80°02′ W. long.; and on the west by 80°14′ W. long.
(G) St. Lucie Hump. Bounded on the north by 27°08′ N. lat.; on the south by 27°04′ N. lat.; on
the east by 79°58′ W. long.; and on the west by 80°00′ W. long.
(H) East Hump. Bounded by rhumb lines connecting, in order, the following points: 24°36.5′ N.
lat., 80°45.5′ W. long.; 24°32′ N. lat., 80°36′ W. long; 24°27.5′ N. lat., 80°38.5′ W. long;
24°32.5′ N. lat., 80°48′ W. long.; 24°36.5′ N. lat., 80°45.5′ W. long.
(2) The operator of a vessel required to be permitted under this part and that has bottom longline gear
on board must undertake the following bycatch mitigation measures:
(i)

Possession and use of required mitigation gear. The equipment listed in paragraph (c)(5)(i) of
this section must be carried on board and must be used to handle, release, and disentangle
hooked or entangled sea turtles, prohibited sharks, or smalltooth sawfish in accordance with
requirements specified in paragraph (d)(2)(ii) of this section.

(ii) Handling and release requirements. Sea turtle bycatch mitigation gear, as required by paragraph
(d)(2)(i) of this section, must be used to disengage any hooked or entangled sea turtle as
stated in paragraph (c)(5)(ii) of this section. This mitigation gear should also be employed to
disengage any hooked or entangled species of prohibited sharks as listed under heading D,
Prohibited Sharks, of Table 1 of appendix A to this part, any hooked or entangled species of
sharks that exceed the retention limits as specified in § 635.24(a), and any hooked or entangled
smalltooth sawfish. In addition, if a smalltooth sawfish is caught, the fish should be kept in the

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water while maintaining water flow over the gills and the fish should be examined for research
tags. All smalltooth sawfish must be released in a manner that will ensure maximum probability
of survival, but without removing the fish from the water or any research tags from the fish.
(iii) Fleet communication and relocation protocol. The owner or operator of any vessel that catches
a dusky shark must, as quickly as practicable, broadcast the location of the dusky shark
interaction over the radio to other fishing vessels in the surrounding area. Subsequent fishing
sets by that vessel on that trip must be at least 1 nmi from the reported location of the dusky
shark catch. Vessel owners and operators are encouraged to move the vessel further away than
1 nmi if conditions (e.g., water temperature, depth, tide, etc.) indicate that moving a greater
distance is warranted to avoid additional dusky shark interactions.
(3) If a vessel issued or required to be issued a permit under this part is in a closed area designated
under paragraph (d)(1) of this section and has pelagic longline gear onboard, the vessel may not, at
any time, possess or land any demersal species listed in Table 3 of Appendix A to this part in excess
of 5 percent, by weight, of the total weight of pelagic and demersal species possessed or landed,
that are listed in Tables 2 and 3 of Appendix A to this part.
(4) Vessels that have bottom longline gear on board and that have been issued, or are required to have
been issued, a directed shark limited access permit under § 635.4(e) must have only circle hooks as
defined at § 635.2 on board.
(5) If a vessel issued or required to be issued a permit under this part has bottom longline gear on board
persons aboard that vessel are required to promptly release in a manner that causes the least harm,
any shortfin mako shark that is alive at the time of haulback.
(e) Rod and reel.
(1) Persons who have been issued or are required to be issued a permit under this part and who are
participating in a “tournament,” as defined in § 635.2, that bestows points, prizes, or awards for
Atlantic billfish must deploy only non-offset circle hooks when using natural bait or natural bait/
artificial lure combinations, and may not deploy a J-hook or an offset circle hook in combination with
natural bait or a natural bait/artificial lure combination.
(2) A person on board a vessel that has been issued or is required to be issued a permit with a shark
endorsement under this part and who is participating in an HMS registered tournament that bestows
points, prizes, or awards for Atlantic sharks must deploy only non-offset, corrodible circle hooks
when fishing for, retaining, possessing, or landing sharks, except when fishing with flies or artificial
lures.
(3) A person on board a vessel that has been issued or is required to be issued an HMS Angling permit
with a shark endorsement or an HMS Charter/Headboat permit with a shark endorsement must
deploy only non-offset, corrodible circle hooks when fishing for, retaining, possessing, or landing
sharks, except when fishing with flies or artificial lures.
(f) Gillnet.
(1) Persons fishing with gillnet gear must comply with the provisions implementing the Atlantic Large
Whale Take Reduction Plan, the Bottlenose Dolphin Take Reduction Plan, the Harbor Porpoise Take
Reduction Plan, and any other relevant Take Reduction Plan set forth in §§ 229.32 through 229.35 of
this title. If a listed whale is taken, the vessel operator must cease fishing operations immediately
and contact NMFS as required under part 229 of this title.
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(2) While fishing with a drift gillnet, a vessel issued or required to be issued a Federal Atlantic
commercial shark LAP and/or a Federal commercial smoothhound permit must conduct net checks
at least every 2 hours to look for and remove any sea turtles, marine mammals, Atlantic sturgeon, or
smalltooth sawfish, and the drift gillnet must remain attached to at least one vessel at one end,
except during net checks. Smalltooth sawfish must not be removed from the water while being
removed from the net.
(3) While fishing with a sink gillnet, vessels issued or required to be issued a Federal Atlantic
commercial shark LAP and/or a Federal commercial smoothhound permit must limit the soak time
of the sink gillnet gear to no more than 24 hours, measured from the time the sink gillnet first enters
the water to the time it is completely removed from the water. Smalltooth sawfish must not be
removed from the water while being removed from the net.
(4) No person may fish for sharks with a gillnet with a total length of 2.5 km or more. No vessel may
have on board a gillnet with a total length of 2.5 km or more.
(5) Fleet communication and relocation protocol. The owner or operator of any vessel issued or required
to be issued a Federal Atlantic commercial shark limited access permit that catches a dusky shark
must, as quickly as practicable, broadcast the location of the dusky shark interaction over the radio
to other fishing vessels in the surrounding area. Subsequent fishing sets by that vessel that trip must
be at least 1 nmi from the reported location of the dusky shark catch. Vessel owners and operators
are encouraged to move the vessel further away than 1 nmi if conditions (e.g., water temperature,
depth, tide, etc.) indicate that moving a greater distance is warranted to avoid additional dusky shark
interactions.
(6) If a vessel issued or required to be issued a permit under this part has gillnet gear onboard, persons
aboard that vessel are required to promptly release in a manner that causes the least harm any
shortfin mako shark that is alive at the time of haulback.
(g) Buoy gear. Vessels utilizing buoy gear may not possess or deploy more than 35 floatation devices, and
may not deploy more than 35 individual buoy gears per vessel. Buoy gear must be constructed and
deployed so that the hooks and/or gangions are attached to the vertical portion of the mainline.
Floatation devices may be attached to one but not both ends of the mainline, and no hooks or gangions
may be attached to any floatation device or horizontal portion of the mainline. If more than one floatation
device is attached to a buoy gear, no hook or gangion may be attached to the mainline between them.
Individual buoy gears may not be linked, clipped, or connected together in any way. Buoy gears must be
released and retrieved by hand. All deployed buoy gear must have some type of monitoring equipment
affixed to it including, but not limited to, radar reflectors, beeper devices, lights, or reflective tape. If only
reflective tape is affixed, the vessel deploying the buoy gear must possess on board an operable spotlight
capable of illuminating deployed floatation devices. If a gear monitoring device is positively buoyant, and
rigged to be attached to a fishing gear, it is included in the 35 floatation device vessel limit and must be
marked appropriately.
(h) Speargun fishing gear. Speargun fishing gear may only be utilized when recreational fishing for Atlantic
BAYS tunas and only from vessels issued either a valid HMS Angling or valid HMS Charter/Headboat
permit. Persons fishing for Atlantic BAYS tunas using speargun gear, as specified in § 635.19, must be
physically in the water when the speargun is fired or discharged, and may freedive, use SCUBA, or other
underwater breathing devices. Only free-swimming BAYS tunas, not those restricted by fishing lines or
other means, may be taken by speargun fishing gear. “Powerheads,” as defined at § 600.10 of this
chapter, or any other explosive devices, may not be used to harvest or fish for BAYS tunas with speargun
fishing gear.
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(i)

Green-stick gear. Green-stick gear may only be utilized when fishing from vessels issued a valid Atlantic
Tunas General, Swordfish General Commercial, HMS Charter/Headboat, or Atlantic Tunas Longline
category permit. The gear must be attached to the vessel, actively trolled with the mainline at or above the
water's surface, and may not be deployed with more than 10 hooks or gangions attached.

(j)

Handline.
(1) A person on board a vessel that has been issued or is required to be issued a permit with a shark
endorsement under this part and who is participating in an HMS registered tournament that bestows
points, prizes, or awards for Atlantic sharks must deploy only non-offset, corrodible circle hooks
when fishing for, retaining, possessing, or landing sharks, except when fishing with flies or artificial
lures.
(2) A person on board a vessel that has been issued or is required to be issued an HMS Angling permit
with a shark endorsement or a person on board a vessel with an HMS Charter/Headboat permit with
a shark endorsement must deploy only non-offset, corrodible circle hooks when fishing for, retaining,
possessing, or landing, except when fishing with flies or artificial lures.

[79 FR 71594, Dec. 2, 2014, as amended at 80 FR 60567, Oct. 7, 2015; 80 FR 73145, Nov. 24, 2015; 81 FR 57806, Aug. 24, 2016; 82
FR 16507, Apr. 4, 2017; 83 FR 33154, July 17, 2018; 84 FR 5376, Feb. 21, 2019; 85 FR 18841, Apr. 2, 2020; 85 FR 65479, Oct. 16,
2020; 87 FR 11324, Mar. 1, 2022; 87 FR 39382, July 1, 2022; 87 FR 60004, Oct. 3, 2022]

§ 635.22 Recreational retention limits.
(a) General.
(1) Atlantic HMS caught, possessed, retained, or landed under these recreational 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 Ocean including the Gulf of Mexico and Caribbean Sea, 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.
(2) Vessels issued an Atlantic Tunas General category permit under § 635.4(d) that are participating in
an HMS registered tournament, vessels issued an HMS Angling category permit under § 635.4(c), or
vessels issued an HMS Charter/Headboat permit under § 635.4(b) may not retain, possess, or land
scalloped, smooth, or great hammerhead sharks if swordfish, tuna, or billfish are retained or
possessed on board, or offloaded from, the vessel. Such vessels also may not retain, possess or
land swordfish, tuna, or billfish if scalloped, smooth, or great hammerhead sharks are retained or
possessed on board, or offloaded from, the vessel.
(3) Vessels issued an Atlantic Tunas General category permit under § 635.4(d) that are participating in
an HMS registered tournament, vessels issued a Swordfish General commercial permit under §
635.4(f) that are participating in an HMS registered tournament, vessels issued a HMS Angling
category permit under § 635.4(c), or vessels issued an HMS Charter/Headboat permit under §
635.4(b) are required to release unharmed, to the extent practicable, porbeagle sharks that are alive
at the time of haulback if swordfish, tuna, or billfish are retained or possessed on board, or offloaded
from, the vessel during that trip.
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(b) Billfish. No longbill spearfish from the management unit may be taken, retained, or possessed shoreward
of the outer boundary of the EEZ.
(c) Sharks.
(1) The recreational retention limit for sharks applies to any person who fishes in any manner on a
vessel that has been issued or is required to have been issued a permit with a shark endorsement,
except as noted in paragraph (c)(7) of this section. The retention limit can change depending on the
species being caught and the size limit under which they are being caught as specified under §
635.20(e). A person on board a vessel that has been issued or is required to be issued a permit with
a shark endorsement under § 635.4 is required to use non-offset, corrodible circle hooks as
specified in § 635.21(e) and (j) in order to retain sharks per the retention limits specified in this
section.
(2) Only one shark from the following list may be retained per vessel per trip, subject to the size limits
described in § 635.20(e)(2) and (4): Atlantic blacktip, Gulf of Mexico blacktip, bull, great
hammerhead, scalloped hammerhead, smooth hammerhead, lemon, nurse, spinner, tiger, blue,
common thresher, porbeagle, Atlantic sharpnose, finetooth, Atlantic blacknose, Gulf of Mexico
blacknose, and bonnethead.
(3) In addition to the sharks listed under paragraph (c)(2) of this section, one Atlantic sharpnose shark
and one bonnethead shark may be retained per person per trip, subject to the size limits described in
§ 635.20(e)(3).
(4) No prohibited sharks, including parts or pieces of prohibited sharks, which are listed in section D of
Table 1 of Appendix A to this part, may be retained regardless of where harvested.
(5) Sharks listed in Table 1 of appendix A to this part that are not listed in this section, must be released
by persons aboard a vessel that has not been issued a Federal Atlantic commercial shark vessel
permit under § 635.4(e).
(6) The smoothhound sharks listed in Section E of Table 1 of Appendix A to this part may be retained
and are subject only to the size limits described in § 635.20(e)(5).
(7) For persons on board vessels issued both a commercial shark permit and a permit with a shark
endorsement, the recreational retention limit and sale prohibition applies for shortfin mako sharks at
all times, even when the commercial pelagic shark quota is open. If such vessels retain a shortfin
mako shark under the recreational retention limit, all other sharks retained by such vessels may only
be retained under the applicable recreational retention limits and may not be sold. If a commercial
Atlantic shark quota is closed under § 635.28(b), the recreational retention limit for sharks and no
sale provision in paragraph (a) of this section will be applied to persons aboard a vessel issued a
Federal Atlantic commercial shark vessel permit under § 635.4(e), if that vessel has also been
issued a permit with a shark endorsement under § 635.4(b) and is engaged in a for-hire fishing trip
or is participating in a registered HMS tournament per § 635.4(c)(2).
(8) At the start of each fishing year, the default shortfin mako shark retention limit of zero sharks per
vessel per trip will apply. During the fishing year, NMFS may adjust the default shortfin mako shark
trip limit per the inseason trip limit adjustment criteria listed in § 635.24(a)(8). Any retention within
the trip limit is subject to the size limits described in § 635.20(e)(6).

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(9) No person who has been issued or should have been issued a permit under § 635.4 of this part may
retain, possess, or land scalloped, smooth, or great hammerhead sharks in or from the Caribbean, as
defined at § 622.2 of this chapter.
(d) Yellowfin tuna. Three yellowfin tunas per person per day may be retained. Regardless of the length of a
trip, no more than three yellowfin tuna per person may be possessed on board a vessel. The recreational
retention limit for yellowfin tuna applies to a person who fishes in any manner, except to a person aboard
a vessel issued an Atlantic Tunas vessel permit under § 635.4(d). The recreational retention limit for
yellowfin tuna applies to persons, including captain and crew, aboard a vessel that has been issued an
Atlantic HMS Charter/Headboat permit under § 635.4(b) only when the vessel is engaged in a for-hire trip.
(e) Bluefin tuna. Refer to § 635.23 for Atlantic bluefin tuna 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 swordfish LAP under § 635.4(e) and (f); a Swordfish General
Commercial permit under § 635.4(f); an Incidental HMS Squid Trawl permit under § 635.4(n); or an HMS
Commercial Caribbean Small boat permit under § 635.4(o).
(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).
(3) Vessels issued an HMS Angling category permit under § 635.4(c), may retain, possess, or land no
more than one North Atlantic swordfish per person and up to four North Atlantic swordfish per
vessel per trip.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.22, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.23 Retention limits for bluefin tuna.
The retention limits in this section are subject to the quotas and closure provisions in §§ 635.27 and 635.28.
(a) General category.
(1) No school, large school, or small medium size class BFT may be possessed, retained, landed, or sold
on or from a vessel that has an Atlantic Tunas General category permit.
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(2) The following default daily retention limits apply to vessels that have an Atlantic Tunas General
category permit or HMS Charter/Headboat permit with a commercial sale endorsement fishing
under the General category restrictions and retention limits when the General category is open and
the day is not an RFD and the retention limit has not been adjusted per paragraph (a)(3) of this
section.
(i)

January 1 through March 31—one large medium or giant BFT, per vessel per day;

(ii) June 1 through June 30—three large medium or giant BFT per vessel per day; and
(iii) July 1 through December 30—one large medium or giant BFT per vessel per day.
(3) To provide for maximum utilization of the quota for BFT, NMFS may adjust the daily retention limit of
large medium or giant BFT over a range from zero (on RFDs) to a maximum of five per vessel per the
inseason criteria provided under § 635.27(a)(7).
(4) Regardless of the length of trip, no person may land, possess, or retain more than the daily retention
limit in effect for that day. When the applicable retention limit for large medium or giant BFT has
been reached, no person aboard such vessels may continue to fish, and the vessel must immediately
proceed to port.
(5) From July 1 through November 30 of each year, every Tuesday, Friday, and Saturday is an RFD unless
waived per paragraph (a)(7) of this section. On an RFD, no person who has been issued an Atlantic
Tunas General category permit or issued an HMS Charter/Headboat permit and fishing commercially
may fish for, possess, retain, land, or sell a BFT of any size class; or catch and release or tag and
release, as specified under § 635.26(a), a BFT of any size class.
(6) NMFS may remove or establish additional designated RFDs, as appropriate, following public
comment via publication in the FEDERAL REGISTER.
(7) Designated RFDs may be waived in the following circumstances.
(i)

If the General category fishery is closed under § 635.28(a), any remaining RFDs for the relevant
time period(s) are waived so that persons aboard vessels issued an Atlantic Tunas General
category permit may conduct tag-and-release fishing for BFT under § 635.26(a).

(ii) If, based on the criteria at § 635.27(a)(7), NMFS determines that RFDs are not necessary, NMFS
may waive RFDs by increasing the daily retention limit per paragraph (a)(3) of this section for a
specific time period(s) via publication in the FEDERAL REGISTER.
(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:
(1) Large medium and giant BFT.
(i)

No large medium or giant BFT may be retained, possessed, landed, or sold in the Gulf of
Mexico, except one per vessel per year may be landed if caught incidentally to fishing for other
species.

(ii) One per vessel per year may be retained, possessed, and landed outside the Gulf of Mexico.
(iii) When a large medium or giant BFT has been caught and retained under this paragraph (b)(1),
no person aboard the vessel may continue to fish, the vessel must immediately proceed to port,
and no such BFT may be sold or transferred to any person for a commercial purpose.
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(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 over the longest
period of time, NMFS may increase or decrease the retention limit for any size class of BFT, or
change a vessel trip limit to an angler trip limit and vice versa. Such increase or decrease in retention
limit will be based on the criteria provided under § 635.27(a)(7). The retention limits may be adjusted
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
an adjustment 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:
(1) When fishing in the Gulf of Mexico, the restrictions and retention limits applicable to the Angling
category specified in paragraph (b)(1) of this section apply.
(2) When fishing other than in the Gulf of Mexico when the fishery for the General category is closed or
on an RFD, the restrictions and retention limits applicable to the Angling category specified in
paragraphs (b)(1) through (b)(3) of this section apply.
(3) When fishing other than in the Gulf of Mexico when the General category fishery is open and no RFD
is in effect, a person aboard a vessel that has been issued an HMS Charter/Headboat permit with a
commercial sale endorsement may fish under either the General category restrictions and retention
limits as specified in paragraphs (a)(1) through (2) and paragraphs (4) through (5) of this section or
the Angling category restrictions and retention limits as specified in paragraphs (b)(1) through (3) of
this section. The size category of the first BFT retained will determine whether the General category
or Angling category restrictions and retention limits apply to the vessel that day.
(4) When fishing other than in the Gulf of Mexico when the General category fishery is open and not on
an RFD, a person aboard a vessel that has been issued an HMS Charter/Headboat permit without a
commercial sale endorsement permit may only fish for, possess, retain, or land BFT under the
Angling category restrictions and retention limits as specified in paragraphs (b)(1) through (3) of this
section.
(d) Harpoon category.
(1) Persons aboard a vessel permitted in the Atlantic Tunas Harpoon category may retain, possess, or
land no more than 10 large medium and giant BFT, combined, per vessel per day. The incidental
catch of large medium BFT is limited as specified in paragraph (d)(2) of this section. NMFS may
increase or decrease the overall daily retention limit of large medium and giant BFT, combined, per
vessel per day over a range of 5 to a maximum of 10 fish per vessel per day. Such increase or
decrease will be based upon the criteria under § 635.27(a)(7). NMFS will adjust the daily retention
limit by filing an adjustment with the Office of the Federal Register for publication.
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(2) Persons aboard a vessel permitted in the Atlantic Tunas Harpoon category may retain, possess, or
land an incidental catch of no more than two large medium BFT per vessel per day, unless adjusted.
NMFS may increase or decrease the incidental daily catch limit through an inseason adjustment over
a range of two to a maximum of four, large medium BFT per vessel per day, based upon the criteria
under § 635.27(a)(7).
(3) Regardless of the length of a trip, no more than a single day's retention limit of large medium or giant
BFT may be possessed or retained aboard a vessel that has an Atlantic Tunas Harpoon category
permit.
(e) Longline category. Persons aboard a vessel permitted in the Atlantic Tunas Longline category are subject
to the BFT retention restrictions in paragraphs (e)(1) through (e)(3) of this section.
(1) A vessel fishing with pelagic longline gear may retain, possess, land and sell large medium and giant
bluefin tuna taken incidentally when fishing for other species if in compliance with all the IBQ
requirements of § 635.15, including the requirement that a vessel may not declare into or depart on a
fishing trip with pelagic longline onboard unless it has the required minimum bluefin tuna IBQ
allocation required for the region where fishing activity will occur.
(2) A vessel with pelagic longline gear onboard must retain and land all dead large medium or giant BFT.
(3) A vessel permitted in the Atlantic Tunas Longline LAP category may retain, possess, land, and sell
one large medium or giant BFT incidentally caught with green-stick gear per trip, if the vessel is in
compliance with all the IBQ requirements of § 635.15, including the VMS set report requirement (§
635.69(e)(4)), and IBQ allocation and usage requirements (§ 635.15(b)).
(f) Trap category. Persons aboard a vessel permitted in the Atlantic Tunas Trap category may retain, possess,
land, and sell each fishing year only one large medium or giant BFT that is taken incidentally while fishing
for other species with a pound net or fish weir. No other Atlantic tunas caught in a pound net or fish weir
may be retained.
[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 67 FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003;
68 FR 56788, Oct. 2, 2003; 68 FR 74511, Dec. 24, 2003; 69 FR 40758, July 6, 2004; 70 FR 10900, Mar. 7, 2005; 71 FR 58169, Oct. 2,
2006; 76 FR 39031, July 5, 2011; 76 FR 74009, Nov. 30, 2011; 79 FR 71601, Dec. 2, 2014; 82 FR 57550, Dec. 6, 2017; 83 FR 33156,
July 17, 2018; 86 FR 43428, Aug. 9, 2021; 87 FR 60004, Oct. 3, 2022; 89 FR 47104, May 31, 2024]

§ 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas.
The retention limits in this section are subject to the quotas and closure provisions in §§ 635.27 and 635.28, and
the gear operation and deployment restrictions in § 635.21.
(a) Sharks.
(1) A person who owns or operates a vessel that has been issued a valid shark research permit under §
635.32(f) and who has a NMFS-approved observer on board may retain, possess, or land LCS,
including sandbar sharks, in excess of the retention limits in paragraphs (a)(2) through (6) of this
section. The amount of LCS that can be landed by such a person will vary as specified on the shark
research permit. Only a person who owns or operates a vessel issued a valid shark research permit
with a NMFS-approved observer on board may retain, possess, or land sandbar sharks.

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(2) The commercial retention limit for LCS other than sandbar sharks for a person who owns or operates
a vessel that has been issued a directed LAP for sharks and does not have a valid shark research
permit, or a person who owns or operates a vessel that has been issued a directed LAP for sharks
and that has been issued a shark research permit but does not have a NMFS-approved observer on
board, may range between 0 and 55 LCS other than sandbar sharks per vessel per trip if the
respective LCS management group(s) is open per §§ 635.27 and 635.28. Such persons may not
retain, possess, or land sandbar sharks. At the start of each fishing year, the default commercial
retention limit is 55 LCS other than sandbar sharks per vessel per trip unless NMFS determines
otherwise and files with the Office of the Federal Register for publication notification of an inseason
adjustment. During the fishing year, NMFS may adjust the retention limit per the inseason trip limit
adjustment criteria listed in paragraph (a)(8) of this section.
(3) A person who owns or operates a vessel that has been issued an incidental LAP for sharks and does
not have a valid shark research permit, or a person who owns or operates a vessel that has been
issued an incidental LAP for sharks and that has been issued a valid shark research permit but does
not have a NMFS-approved observer on board, may retain, possess, or land no more than 3 LCS other
than sandbar sharks per vessel per trip if the respective LCS management group(s) is open per §§
635.27 and 635.28. Such persons may not retain, possess, or land sandbar sharks.
(4) Additional retention limits for sharks.
(i)

Except as provided in § 635.22(c)(7), a person who owns or operates a vessel that has been
issued a directed shark LAP may retain, possess, land, or sell pelagic sharks if the pelagic shark
fishery is open per §§ 635.27 and 635.28. Shortfin mako sharks may be retained by persons
aboard vessels using pelagic longline, bottom longline, or gillnet gear only if NMFS has
adjusted the commercial retention limit above zero pursuant to paragraph (a)(4)(v) of this
section and only if the shark is dead at the time of haulback and consistent with the provisions
of §§ 635.21(c)(1), (d)(5), and (f)(6) and 635.22(c)(7).

(ii) A person who owns or operates a vessel that has been issued a shark LAP and is operating
south of 34°00′ N. lat. in the Atlantic region, as defined at § 635.27(b)(1), may retain, possess,
land, or sell blacknose and non-blacknose SCS if the respective blacknose and non-blacknose
SCS management groups are open per §§ 635.27 and 635.28. Such persons may retain,
possess, land, or sell no more than 8 blacknose sharks per vessel per trip. A person who owns
or operates a vessel that has been issued a shark LAP and is operating north of 34°00′ N. lat. in
the Atlantic region, as defined at § 635.27(b)(1), or a person who owns or operates a vessel
that has been issued a shark LAP and is operating in the Gulf of Mexico region, as defined at §
635.27(b)(1), may not retain, possess, land, or sell any blacknose sharks, but may retain,
possess, land, or sell non-blacknose SCS if the respective non-blacknose SCS management
group is open per §§ 635.27 and 635.28.
(iii) Consistent with paragraph (a)(4)(ii) of this section, a person who owns or operates a vessel that
has been issued an incidental shark LAP may retain, possess, land, or sell no more than 16 SCS
and pelagic sharks, combined, per vessel per trip, if the respective fishery is open per §§ 635.27
and 635.28. Of those 16 SCS and pelagic sharks per vessel per trip, no more than 8 shall be
blacknose sharks. Shortfin mako sharks may only be retained under the commercial retention
limits by persons using pelagic longline, bottom longline, or gillnet gear only if NMFS has
adjusted the commercial retention limit above zero pursuant to paragraph (a)(4)(v) of this
section and only if the shark is dead at the time of haulback and consistent with the provisions

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at § 635.21(c)(1), (d)(5), and (f)(6). If the vessel has also been issued a permit with a shark
endorsement and retains a shortfin mako shark, recreational retention limits apply to all sharks
retained and none may be sold, per § 635.22(c)(7).
(iv) A person who owns, operates, or is aboard a vessel that has been issued an HMS Commercial
Caribbean Small Boat permit may retain, possess, land, or sell any blacktip, bull, lemon, nurse,
spinner, tiger, Atlantic sharpnose, bonnethead, finetooth, and smoothhound shark, subject to the
HMS Commercial Caribbean Small Boat permit shark retention limit. A person who owns,
operates, or is aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat
permit may not retain, possess, land, or sell any hammerhead, blacknose, silky, sandbar, blue,
thresher, shortfin mako, or prohibited shark, including parts or pieces of these sharks. The
shark retention limit for a person who owns, operates, or is aboard a vessel issued an HMS
Commercial Caribbean Small Boat permit will range from zero to three sharks per vessel per
trip. At the start of each fishing year, the default shark trip limit will apply. During the fishing
year, NMFS may adjust the default shark trip limit per the inseason trip limit adjustment criteria
listed in paragraph (a)(8) of this section. The default shark retention limit for the HMS
Commercial Caribbean Small Boat permit is three sharks per vessel per trip.
(v) At the start of each fishing year, the default shortfin mako shark retention limit of zero sharks
will apply. During the fishing year, NMFS may adjust the default shortfin mako shark trip limit
per the inseason trip limit adjustment criteria listed in paragraph (a)(8) of this section.
(5) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark
permit may not retain, possess, land, sell, or purchase prohibited sharks, including any parts or
pieces of prohibited sharks, which are listed in section D of Table 1 of Appendix A to this part under
prohibited sharks.
(6) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark
permit, and who decides to retain sharks, must retain, subject to the trip limits, all dead, legal-sized,
non-prohibited sharks that are brought onboard the vessel and cannot replace those sharks with
sharks of higher quality or size that are caught later in the trip. Any fish that are to be released
cannot be brought onboard the vessel and must be released in the water in a manner that maximizes
survival.
(7) A person who owns or operates a vessel that has been issued a Federal commercial smoothhound
permit may retain, possess, and land smoothhound sharks if the smoothhound fishery is open in
accordance with §§ 635.27 and 635.28. Persons aboard a vessel in a trawl fishery that has been
issued a Federal commercial smoothhound permit and are in compliance with all other applicable
regulations, may retain, possess, land, or sell incidentally-caught smoothhound sharks, but only up to
an amount that does not exceed 25 percent, by weight, of the total catch on board and/or offloaded
from the vessel. A vessel is in a trawl fishery when it has no commercial fishing gear other than
trawls on board and when smoothhound sharks constitute no more than 25 percent by weight of the
total catch on board or offloaded from the vessel.
(8) Inseason trip limit adjustment criteria. NMFS will file with the Office of the Federal Register for
publication notification of any inseason adjustments to trip limits by region or sub-region. Before
making any adjustment, NMFS will consider the following criteria and other relevant factors:
(i)

The amount of remaining shark quota in the relevant area, region, or sub-region, to date, based
on dealer reports;

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(ii) The catch rates of the relevant shark species/complexes in the region or sub-region, to date,
based on dealer reports;
(iii) Estimated date of fishery closure based on when the landings are projected to reach 80 percent
of the quota given the realized catch rates and whether they are projected to reach 100 percent
before the end of the fishing season;
(iv) Effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP
and its amendments;
(v) Variations in seasonal distribution, abundance, or migratory patterns of the relevant shark
species based on scientific and fishery-based knowledge;
(vi) Effects of catch rates in one part of a region or sub-region precluding vessels in another part of
that region or sub-region from having a reasonable opportunity to harvest a portion of the
relevant quota; and/or
(vii) Any shark retention allowance set by ICCAT, the amount of remaining allowance, and the
expected or reported catch rates of the relevant shark species, based on dealer and other
harvest reports.
(9) Notwithstanding other provisions in this subsection, possession, retention, transshipment, landing,
sale, or storage of silky sharks, and scalloped, smooth, and great hammerhead sharks is prohibited
on vessels issued a permit under this part that have pelagic longline gear on board or on vessels
issued both an HMS Charter/Headboat permit 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) Notwithstanding other provisions in this paragraph (a), vessels issued a permit under this part that
have pelagic longline gear on board or on vessels issued both an HMS Charter/Headboat permit 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, are required to release unharmed, to the extent
practicable, porbeagle sharks that are alive at the time of haulback.
(11) No person who has been issued or should have been issued a permit under § 635.4 of this part may
retain, possess, or land scalloped, smooth, or great hammerhead sharks in or from the Caribbean, as
defined at § 622.2 of this chapter.
(b) Swordfish.
(1) Persons aboard a vessel that has been issued an incidental LAP for swordfish may retain, possess,
land, or sell no more than 30 swordfish per trip in or from the Atlantic Ocean north of 5° N. lat.
(2) Persons aboard a vessel in the squid trawl fishery that has been issued an Incidental HMS squid
trawl permit may retain, possess, land, or sell no more than 15 swordfish per trip in or from the
Atlantic Ocean north of 5° N. lat. A vessel is considered to be in the squid trawl fishery when it has
no commercial fishing gear other than trawls on board and when squid constitute not less than 75
percent by weight of the total fish on board or offloaded from the vessel.
(3) A person who owns, operates, or is aboard a vessel that has been issued an HMS Commercial
Caribbean Small Boat permit may retain, possess, land, or sell North Atlantic swordfish, subject to
the HMS Commercial Caribbean Small Boat permit swordfish retention limit. The swordfish retention
limit for a person who owns, operates, or is aboard a vessel issued an HMS Commercial Caribbean
Small Boat permit will range from 0 to 18 swordfish per vessel per trip. At the start of each fishing
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year, the default retention limit will apply. During the fishing year, NMFS may adjust the default
retention limit per the inseason regional retention limit adjustment criteria listed in paragraph (b)(5)
of this section. The default retention limit for the HMS Commercial Caribbean Small Boat permit is
eighteen swordfish per vessel per trip.
(4) A person who owns, operates, or is 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) of this section, which may be adjusted during the fishing year based upon the
inseason regional retention limit adjustment criteria listed in paragraph (b)(5) of this section.
(i)

Regions. Regional retention limits for swordfish apply in four regions. For purposes of this
section, these regions are: the Florida Swordfish Management Area as defined in § 635.2; the
Northwest Atlantic region (federal waters along the entire Atlantic coast of the United States
north of 28°17′10″ N. latitude); the Gulf of Mexico region (any water located in the EEZ in the
entire Gulf of Mexico west of 82° W. longitude); and the Caribbean region (the U.S. territorial
waters within the Caribbean as defined in § 622.2 of this chapter).

(ii) Vessels that have 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), 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.
(iii) Regional retention limits. The swordfish regional retention limits for each region will range from
0 to 18 swordfish per vessel per trip. At the start of each fishing year, the default regional
retention limits will apply. During the fishing year, NMFS may adjust the default retention limits
per the inseason regional retention limit adjustment criteria listed in paragraph (b)(5) of this
section. The default retention limits for the regions set forth under paragraph (b)(4)(i) of this
section are:
(A) Zero swordfish per vessel per trip for the Florida Swordfish Management Area;
(B) Eighteen swordfish per vessel per trip for the Caribbean region;
(C) Eighteen swordfish per vessel per trip for the Northwest Atlantic region; and
(D) Eighteen swordfish per vessel per trip for the Gulf of Mexico region.
(5) NMFS will file with the Office of the Federal Register for publication notification of any inseason
adjustments to the default swordfish retention limits specified at paragraphs (b)(3) and (b)(4)(iii) of
this section. Before making any inseason adjustments to swordfish retention limits, NMFS will
consider the following criteria and other relevant factors:
(i)

The usefulness of information obtained from biological sampling and monitoring of the North
Atlantic swordfish stock;

(ii) The estimated ability of vessels participating in the fishery to land the amount of swordfish
quota available before the end of the fishing year;
(iii) The estimated amounts by which quotas for other categories of the fishery might be exceeded;
(iv) Effects of the adjustment on accomplishing the objectives of the fishery management plan and
its amendments;
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(v) Variations in seasonal distribution, abundance, or migration patterns of swordfish;
(vi) Effects of catch rates in one region precluding vessels in another region from having a
reasonable opportunity to harvest a portion of the overall swordfish quota; and
(vii) Review of dealer reports, landing trends, and the availability of swordfish on the fishing grounds.
(c) BAYS tunas. Persons aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat
permit under § 635.4 may retain, possess, land, or sell no more than 10 BAYS tunas per vessel per trip.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.24, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.25 Fishing areas.
(a) General. Persons on board fishing vessels subject to the jurisdiction of the United States are authorized to
fish for, catch, retain, or land species governed by an international catch sharing agreement implemented
under this part only in or from those management areas for which the United States has received an
allocation.
(b) Exemptions. Persons and vessels subject to the jurisdiction of the United States intending to fish for
regulated species in fishing areas not otherwise authorized under this part, whether for the purposes of
scientific research or commercial fishing under a chartering arrangement, must have a permit from NMFS
issued under § 635.32.
(c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel shall fish for bluefin tuna in, or possess on
board that fishing vessel a bluefin tuna taken from, the Mediterranean Sea.
[67 FR 70026, Nov. 20, 2002]

§ 635.26 Catch and release.
(a) BFT.
(1) Notwithstanding the other provisions of this part, a person aboard a vessel issued a permit under
this part, other than a person aboard a vessel permitted in the General category on a designated RFD,
may fish with rod and reel or handline gear for BFT under a catch-and-release or tag-and-release
program. When fishing under a tag-and-release program, vessel owner/operators should use tags
issued or approved by NMFS. If a BFT is tagged, the tag information, including information on any
previously applied tag remaining on the fish, must be reported to NMFS. All BFT caught under the
catch-and-release or tag-and-release programs must be returned to the sea immediately with a
minimum of injury.
(2) Persons may obtain NMFS-issued conventional tags, reporting cards, and detailed instructions for
their use from the NMFS Cooperative Tagging Center. Persons may use a conventional tag obtained
from a source other than NMFS to tag BFT, provided the use of such tags is registered each year with
the Cooperative Tagging Center and the NMFS program manager has approved the use of a
conventional tag from that source. An angler using an alternative source of tags wishing to tag BFT
may contact the NMFS Cooperative Tagging Center at the Southeast Fishery Science Center.
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(3) An angler registering for the HMS tagging program is required to provide his or her name, address,
phone number and, if applicable, the identity of the alternate source of tags.
(b) Billfish. NMFS is encouraging further catch and release of Atlantic billfish by establishing a recreational
catch-and-release fishery management program, consistent with the guidance of § 600.350(c).
(c) Sharks. Notwithstanding the other provisions of this part, a person may fish for white sharks (Carcharodon
carcharias) with rod and reel, provided the person releases such fish to the sea immediately with a
minimum of injury, and that such fish may not be removed from the water.
[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 70 FR 10900, Mar. 7, 2005]

§ 635.27 Quotas.
(a) BFT. Consistent with ICCAT recommendations, and with paragraph (a)(9)(iv) of this section, NMFS may
subtract the most recent, complete, and available estimate of dead discards from the annual U.S. BFT
quota, and make the remainder available to be retained, possessed, or landed by persons and vessels
subject to U.S. jurisdiction. The remaining baseline annual U.S. BFT quota will be allocated among the
General, Angling, Harpoon, Longline, Trap, and Reserve categories, as described in this section. BFT
quotas are specified in whole weight. The baseline annual U.S. BFT quota is 1,316.14 mt, not including an
additional annual 25-mt allocation provided in paragraph (a)(3) of this section. This baseline BFT quota is
divided among the categories according to the following percentages: General—54 percent (710.7 mt);
Angling—22.6 percent (297.4 mt), which includes the school BFT held in reserve as described under
paragraph (a)(6)(ii) of this section; Longline—15.9 percent (209.3 mt) (i.e., total not including the 25-mt
allocation from paragraph (a)(3) of this section); Harpoon—4.5 percent (59.2 mt); Trap—0.1 percent (1.3
mt); and Reserve—2.9 percent (38.2 mt). NMFS may make inseason and annual adjustments to quotas as
specified in paragraphs (a)(8) and (9) of this section.
(1) General category quota.
(i)

Catches from vessels for which Atlantic Tunas General category 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 quota in accordance with § 635.23(c)(3). Pursuant to
paragraph (a) of this section, the amount of large medium and giant BFT that may be caught,
retained, possessed, landed, or sold under the General category quota is 710.7 mt, and is
apportioned as follows, unless modified as described under paragraph (a)(1)(ii) of this section:
(A) January 1 through March 31—5.3 percent;
(B) June 1 through August 31—50 percent;
(C) September 1 through September 30—26.5 percent;
(D) October 1 through November 30—13 percent; and
(E) December 1 through December 31—5.2 percent.

(ii) NMFS may adjust each period's apportionment based on overharvest or underharvest in the
prior period, and may transfer subquota from one time period to another time period, earlier in
the year, through inseason action or annual specifications. For example, subquota could be
transferred from the December 1 through December 31 time period to the January 1 through
March 31 time period; or from the October 1 through November 30 time period to the
September 1 through September 30 time period. This inseason adjustment may occur prior to
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the start of that year. In other words, although subject to the inseason criteria under paragraph
(a)(7) of this section, the adjustment could occur prior to the start of the fishing year. For
example, an inseason action transferring the 2016 December 1 through December 31 time
period subquota to the 2016 January 1 through March 31 time period subquota could be filed in
2015.
(iii) When the General category fishery has been closed in any quota period specified under
paragraph (a)(1)(i) of this section, NMFS will publish a closure action as specified in § 635.28.
The subsequent time-period subquota will automatically open in accordance with the dates
specified under paragraph (a)(1)(i) of this section.
(2) Angling category quota. In accordance with the framework procedures as described under § 635.34,
prior to each fishing year, or as early as feasible, NMFS will establish the Angling category daily
retention limits. In accordance with paragraph (a) of this section, 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 297.4 mt. No more than 3.1 percent
of the annual Angling category quota may be large medium or giant BFT. In addition, no more than
10 percent of the baseline annual U.S. BFT quota, inclusive of the allocation specified in paragraph
(a)(3) of this section, may be school BFT. The Angling category quota includes the amount of school
BFT held in reserve under paragraph (a)(6)(ii) of this section. The size class subquotas for BFT are
further subdivided as follows:
(i)

After adjustment for the school BFT quota held in reserve (under paragraph (a)(6)(ii) of this
section), 52.8 percent of the school BFT Angling category quota may be caught, retained,
possessed, or landed south of 39°18′ N. lat. The remaining school BFT Angling category quota
may be caught, retained, possessed or landed north of 39°18′ N. lat.

(ii) After adjustment (Angling category quota minus school and large medium/giant subquotas),
resulting in a large school/small medium subquota of 154.1 mt, an amount equal to 52.8
percent may be caught, retained, possessed, or landed south of 39°18′ N. lat. The remaining
large school/small medium BFT Angling category quota may be caught, retained, possessed, or
landed north of 39°18′ N. lat.
(iii) One fourth of the large medium and giant BFT Angling category quota may be caught retained,
possessed, or landed, in each of the four following geographic areas: North of 42° N. lat.; south
of 42° N. lat. and north of 39°18′ N. lat.; south of 39°18′ N. lat., and outside of the Gulf of
Mexico; and in the Gulf of Mexico region. For the purposes of this section, the Gulf of Mexico
region includes all waters of the U.S. EEZ west and north of the boundary stipulated at §
600.105(c) of this chapter.
(3) Longline category quota. Pursuant to paragraph (a) of this section, the total amount of large medium
and giant BFT that may be caught, discarded dead, or retained, possessed, or landed by vessels that
possess Atlantic Tunas Longline category permits is 209.3 mt. In addition, 25 mt shall be allocated
for incidental catch by pelagic longline vessels fishing in the NED, and subject to the restrictions
under § 635.15(b)(6). For purposes of the closure authority under § 635.28(a)(1), regional IBQ
allocations under § 635.15(c)(3) and the BFT catch cap for fishing in the Gulf of Mexico (§
635.15(c)(3)(iii)) are considered quotas.

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(4) Harpoon category quota. The total amount of large medium and giant BFT that may be caught,
retained, possessed, landed, or sold by vessels that possess Atlantic Tunas Harpoon category
permits is 59.2 mt. The Harpoon category fishery commences on June 1 of each year, and closes on
November 15 of each year.
(5) Trap category quota. The total amount of large medium and giant BFT, that may be caught, retained,
possessed, or landed by vessels that possess Atlantic Tunas Trap category permits is 1.3 mt.
(6) Reserve category quota.
(i)

The total amount of BFT that is held in reserve is 38.2 mt, which may be augmented by
allowable underharvest from the previous year. Consistent with paragraphs (a)(7) through (a)(9)
of this section, NMFS may allocate any portion of the Reserve category quota for inseason or
annual adjustments to any fishing category quota. NMFS may also use any portion of the
Reserve category quota for adjustments to, or appeals of, IBQ allocations (see §
635.15(e)(1)(i)) and research using quota or subquotas (see § 635.32).

(ii) The total amount of school BFT that is held in reserve for inseason or annual adjustments and
fishery-independent research is 18.5 percent of the total school BFT Angling category quota as
described under paragraph (a)(2) of this section. This amount is in addition to the amounts
specified in paragraph (a)(6)(i) of this section. Consistent with paragraph (a)(7) of this section,
NMFS may allocate any portion of the school BFT Angling category quota held in reserve for
inseason or annual adjustments to the Angling category.
(7) Determination criteria. NMFS will file with the Office of the Federal Register for publication
notification of any inseason or annual adjustments. Before making any adjustment, NMFS will
consider the following criteria and other relevant factors:
(i)

The usefulness of information obtained from catches in the particular category for biological
sampling and monitoring of the status of the stock.

(ii) The catches of the particular category quota to date and the likelihood of closure of that
segment of the fishery if no adjustment is made.
(iii) The projected ability of the vessels fishing under the particular category quota to harvest the
additional amount of BFT before the end of the fishing year.
(iv) The estimated amounts by which quotas for other gear categories of the fishery might be
exceeded.
(v) Effects of the adjustment on BFT rebuilding and overfishing.
(vi) Effects of the adjustment on accomplishing the objectives of the fishery management plan.
(vii) Variations in seasonal distribution, abundance, or migration patterns of BFT.
(viii) Effects of catch rates in one area precluding vessels in another area from having a reasonable
opportunity to harvest a portion of the category's quota.
(ix) Review of dealer reports, daily landing trends, and the availability of the BFT on the fishing
grounds.
(x) Optimize fishing opportunity.
(xi) Account for dead discards.
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(xii) Facilitate quota accounting.
(xiii) Support other fishing monitoring programs through quota allocations and/or generation of
revenue.
(xiv) Support research through quota allocations and/or generation of revenue.
(8) Inseason adjustments. To be effective for all, or part of a fishing year, NMFS may transfer quotas
specified under this section, among fishing categories or, as appropriate, subcategories, based on
the criteria in paragraph (a)(7) of this section.
(9) Annual adjustments.
(i)

Adjustments to category quotas specified under paragraphs (a)(1) through (a)(6) of this section
may be made in accordance with the restrictions of this paragraph and ICCAT
recommendations. Based on landing, catch statistics, other available information, and in
consideration of the criteria in paragraph (a)(7) of this section, if NMFS determines that a BFT
quota for any category or, as appropriate, subcategory has been exceeded (overharvest), NMFS
may subtract all or a portion of the overharvest from that quota category or subcategory for the
following fishing year. If NMFS determines that a BFT quota for any category or, as appropriate,
subcategory has not been reached (underharvest), NMFS may add all or a portion of the
underharvest to, that quota category or subcategory, and/or the Reserve category for the
following fishing year. The underharvest that is carried forward may not exceed 100 percent of
each category's baseline allocation specified in paragraph (a) of this section, and the total of
the adjusted fishing category quotas and the Reserve category quota must be consistent with
ICCAT recommendations. Although quota may be carried over for the Longline category as a
whole, IBQ shares and IBQ allocations may not be carried over from one year to the next, as
specified under § 635.15(f).

(ii) NMFS may allocate any quota remaining in the Reserve category at the end of a fishing year to
any fishing category, provided such allocation is consistent with the determination criteria
specified in paragraph (a)(7) of this section.
(iii) Regardless of the estimated landings in any year, NMFS may adjust the annual school bluefin
tuna quota to ensure compliance with the ICCAT-recommended procedures for addressing
overharvest of school bluefin tuna.
(iv) NMFS may subtract the best available estimate of dead discards from the amount of BFT that
can be landed in the subsequent fishing year by those categories accounting for the dead
discards.
(v) NMFS will file any annual adjustment with the Office of the Federal Register for publication and
specify the basis for any quota reduction or increases made pursuant to this paragraph (a)(9).
(b) Sharks —
(1) Commercial quotas. The commercial quotas for sharks specified in this section apply to all sharks
harvested from the management unit, regardless of where harvested. Sharks caught and landed
commercially from state waters, even by fishermen without Federal shark permits, must be counted
against the appropriate commercial quota. Any of the base quotas listed below, including regional
and/or sub-regional base quotas, may be adjusted per paragraph (b)(2) of this section. Any sharks
landed commercially as “unclassified” will be counted against the appropriate quota based on the
species composition calculated from data collected by observers on non-research trips and/or
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dealer data. No prohibited sharks, including parts or pieces of prohibited sharks, which are listed
under heading D, Prohibited Sharks, of Table 1 of appendix A to this part, may be retained except as
authorized under § 635.32. For the purposes of this section, the boundary between the Gulf of
Mexico region and the Atlantic region is defined as a line beginning on the east coast of Florida at
the mainland at 25°20.4′ N. lat., proceeding due east. Any water and land to the south and west of
that boundary is considered, for the purposes of quota monitoring and setting of quotas, to be within
the Gulf of Mexico region. Any water and land to the north and east of that boundary, for the
purposes of quota monitoring and setting of quotas, is considered to be within the Atlantic region.
(i)

Commercial quotas that apply only in the Atlantic Region. The commercial quotas specified in
this paragraph (b)(1)(i) apply only to those species of sharks and management groups within
the management unit that were harvested in the Atlantic region, as defined in paragraph (b)(1)
of this section.
(A) Atlantic aggregated LCS. The base annual commercial quota for Atlantic aggregated LCS
is 168.9 mt dw.
(B) Atlantic hammerhead sharks. The regional base annual commercial quota for
hammerhead sharks caught in the Atlantic region is 27.1 mt dw (51.7% of the overall base
quota established in paragraph (b)(1)(iii) of this section).
(C) Atlantic non-blacknose SCS. The base annual commercial quota for Atlantic nonblacknose SCS is 264.1 mt dw.
(D) Atlantic blacknose sharks. The base annual commercial quota for Atlantic blacknose
sharks is 17.2 mt dw. Blacknose sharks may only be harvested for commercial purposes
in the Atlantic region south of 34°00′ N. lat. The harvest of blacknose sharks by persons
aboard a vessel that has been issued or should have been issued a shark LAP and that is
operating north of 34°00′ N. lat. is prohibited.
(E) Atlantic smoothhound sharks. The base annual commercial quota for Atlantic
smoothhound sharks is 1,201.7 mt dw.

(ii) Commercial quotas that apply only in the Gulf of Mexico Region. The commercial quotas
specified in this paragraph (b)(1)(ii) apply only to those species of sharks and management
groups within the management unit that were harvested in the Gulf of Mexico region, as defined
in paragraph (b)(1) of this section. The Gulf of Mexico region is further split into western and
eastern Gulf of Mexico sub-regions by a boundary that is drawn along 88°00′ W. long. All sharks
harvested within the Gulf of Mexico region in fishing catch areas in waters westward of 88°00′
W. long. are considered to be from the western Gulf of Mexico sub-region, and all sharks
harvested within the Gulf of Mexico region in fishing catch areas in waters east of 88°00′ W.
long., including within the Caribbean Sea, are considered to be from the eastern Gulf of Mexico
sub-region.
(A) Gulf of Mexico aggregated LCS. The base annual commercial quota for Gulf of Mexico
aggregated LCS is 157.5 mt dw. The eastern Gulf of Mexico sub-region base quota is 85.5
mt dw (54.3% of the Gulf of Mexico region base quota) and the western Gulf of Mexico
sub-region base quota is 72.0 mt dw (45.7% of the Gulf of Mexico region base quota).

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(B) Gulf of Mexico hammerhead sharks. The regional base annual commercial quota for
hammerhead sharks caught in the Gulf of Mexico region is 25.3 mt dw (48.3% of the
overall base quota established in paragraph (b)(1)(iii) of this section). The eastern Gulf of
Mexico sub-region base quota is 13.4 mt dw (52.8% of this regional base quota) and the
western Gulf of Mexico sub-region base quota is 11.9 mt dw (47.2% of this regional base
quota).
(C) Gulf of Mexico blacktip sharks. The base annual commercial quota for Gulf of Mexico
blacktip sharks is 256.6 mt dw. The eastern Gulf of Mexico sub-region base quota is 25.1
mt dw (9.8% of the Gulf of Mexico region base quota) and the western Gulf of Mexico subregion base quota is 231.5 mt dw (90.2% of the Gulf of Mexico region base quota).
(D) Gulf of Mexico non-blacknose SCS. The base annual commercial quota for Gulf of Mexico
non-blacknose SCS is 112.6 mt dw. This base quota is not split between the eastern and
western Gulf of Mexico sub-regions.
(E) Gulf of Mexico blacknose sharks. The base annual commercial quota for Gulf of Mexico
blacknose sharks is 0.0 mt dw. The harvest of blacknose sharks by persons aboard a
vessel that has been issued or should have been issued a shark LAP and that is operating
in the Gulf of Mexico region is prohibited.
(F) Gulf of Mexico smoothhound sharks. The base annual commercial quota for Gulf of
Mexico smoothhound sharks is 336.4 mt dw.
(iii) Commercial quotas that apply in all regions. The commercial quotas specified in this section
apply to any sharks or management groups within the management unit that were harvested in
either the Atlantic or Gulf of Mexico regions.
(A) Sandbar sharks. The base annual commercial quota for sandbar sharks is 90.7 mt dw.
This quota, as adjusted per paragraph (b)(2) of this section, is available only to the owners
of commercial shark vessels that have been issued a valid shark research permit and that
have a NMFS-approved observer onboard.
(B) Research LCS. The base annual commercial quota for Research LCS is 50 mt dw. This
quota, as adjusted per paragraph (b)(2) of this section, is available only to the owners of
commercial shark vessels that have been issued a valid shark research permit and that
have a NMFS-approved observer onboard.
(C) Hammerhead sharks. The overall base annual commercial quota for hammerhead sharks
is 52.4 mt dw. This overall base quota is further split for management purposes between
the regions defined in paragraphs (b)(1)(i) and (ii) of this section.
(D) Pelagic sharks. The base annual commercial quotas for pelagic sharks are 273.0 mt dw
for blue sharks, 1.7 mt dw for porbeagle sharks, and 488.0 mt dw for pelagic sharks other
than blue sharks or porbeagle sharks.
(2) Annual and inseason adjustments of commercial quotas. NMFS will publish in the FEDERAL REGISTER
any annual or inseason adjustments to the base annual commercial overall, regional, or sub-regional
quotas. Unless the opening date of a commercial shark fishery is adjusted under paragraph (b)(3) of
this section, on January 1 of each year, base quotas, as established in paragraph (b)(1) of this
section, will be available, and any adjustments will be published in the FEDERAL REGISTER. Within a

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fishing year or at the start of a fishing year, NMFS may transfer quotas between regions and subregions of the same species or management group, as appropriate, based on the criteria in
paragraph (b)(2)(iii) of this section.
(i)

Annual overharvest adjustments —
(A) Adjustments of annual overall and regional base quotas. Except as noted in this section, if
any of the available commercial base or adjusted overall quotas or regional quotas, as
described in this section, is exceeded in any fishing year, NMFS will deduct an amount
equivalent to the overharvest(s) from the base overall or regional quota the following
fishing year or, depending on the level of overharvest(s), NMFS may deduct from the
overall or regional base quota an amount equivalent to the overharvest(s) spread over a
number of subsequent fishing years to a maximum of five years. If the blue shark quota is
exceeded, NMFS will reduce the annual commercial quota for pelagic sharks by the
amount that the blue shark quota is exceeded prior to the start of the next fishing year or,
depending on the level of overharvest(s), deduct an amount equivalent to the
overharvest(s) spread over a number of subsequent fishing years to a maximum of five
years.
(B) Adjustments to sub-regional quotas. If a sub-regional quota is exceeded but the regional
quota is not, NMFS will not reduce the annual regional base quota the following year and
sub-regional quotas will be determined as specified in paragraph (b)(1) of this section. If
both a sub-regional quota(s) and the regional quota are exceeded, for each sub-region in
which an overharvest occurred, NMFS will deduct an amount equivalent to that subregion's overharvest from that sub-region's quota the following fishing year or, depending
on the level of overharvest, NMFS may deduct from that sub-region's base quota an
amount equivalent to the overharvest spread over a number of subsequent fishing years to
a maximum of five years.
(C) Adjustments to quotas when the species or management group is split into regions or subregions for management purposes and not as a result of a stock assessment. If a regional
quota for a species that is split into regions for management purposes only is exceeded
but the overall quota is not, NMFS will not reduce the overall base quota for that species or
management group the following year and the regional quota will be determined as
specified in paragraph (b)(1) of this section. If both a regional quota(s) and the overall
quota is exceeded, for each region in which an overharvest occurred, NMFS will deduct an
amount equivalent to that region's overharvest from that region's quota the following
fishing year or, depending on the level of overharvest(s), NMFS may deduct from that
region's base quota an amount equivalent to the overharvest spread over a number of
subsequent fishing years to a maximum of five years. If a sub-regional quota of a species
or management group that is split into regions for management purposes only is
exceeded, NMFS will follow the procedures specified in paragraph (b)(2)(i)(B) of this
section.

(ii) Annual underharvest adjustments. Except as noted in this paragraph (b)(2)(ii), if any of the
annual base or adjusted quotas, including regional quotas, as described in this section is not
harvested, NMFS may adjust the annual base quota, including regional quotas, depending on
the status of the stock or management group. If a species or a specific species within a
management group is declared to be overfished, to have overfishing occurring, or to have an
unknown status, NMFS may not adjust the following fishing year's base quota, including
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regional quota, for any underharvest, and the following fishing year's quota will be equal to the
base annual quota. If the species or all species in a management group is not declared to be
overfished, to have overfishing occurring, or to have an unknown status, NMFS may increase
the following year's base annual quota, including regional quota, by an equivalent amount of the
underharvest up to 50 percent above the base annual quota. Except as noted in paragraph
(b)(2)(iii) of this section, underharvests are not transferable between regions, species, and/or
management groups.
(iii) Determination criteria for inseason and annual quota transfers between regions and sub-regions.
Inseason or annual quota transfers of quotas between regions or sub-regions may be
conducted only for species or management groups where the species are the same between
regions or sub-regions and the quota is split between regions or sub-regions for management
purposes and not as a result of a stock assessment. Before making any inseason or annual
quota transfer between regions or sub-regions, NMFS will consider the following criteria and
other relevant factors:
(A) The usefulness of information obtained from catches in the particular management group
for biological sampling and monitoring of the status of the respective shark species and/
or management group;
(B) The catches of the particular species and/or management group quota to date and the
likelihood of closure of that segment of the fishery if no adjustment is made;
(C) The projected ability of the vessels fishing under the particular species and/or
management group quota to harvest the additional amount of corresponding quota before
the end of the fishing year;
(D) Effects of the adjustment on the status of all shark species;
(E) Effects of the adjustment on accomplishing the objectives of the fishery management
plan;
(F) Variations in seasonal distribution, abundance, or migration patterns of the appropriate
shark species and/or management group;
(G) Effects of catch rates in one area precluding vessels in another area from having a
reasonable opportunity to harvest a portion of the quota; and/or
(H) Review of dealer reports, daily landing trends, and the availability of the respective shark
species and/or management group on the fishing grounds.
(3) Opening commercial fishing season. Unless adjusted under this paragraph (b)(3), the commercial
shark fisheries will open on January 1 of each year under base quotas, as established in paragraph
(b)(1) of this section. If NMFS determines a commercial shark fishery or a part of a commercial
shark fishery should open on a date other than January 1, NMFS will file with the Office of the
Federal Register for publication notification of the opening date(s) of the relevant overall, regional, or
sub-regional shark fishery(ies) for the relevant species or management group(s). Before making any
decisions, NMFS would consider the following criteria and other relevant factors in establishing the
opening date(s):
(i)

The available annual quotas for the current fishing season for the different species/
management groups based on any over- and/or underharvests experienced during the previous
commercial shark fishing seasons;

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(ii) Estimated season length based on available quota(s) and average weekly catch rates of
different species and/or management group from the previous years;
(iii) Length of the season for the different species and/or management group in the previous years
and whether fishermen were able to participate in the fishery in those years;
(iv) Variations in seasonal distribution, abundance, or migratory patterns of the different species/
management groups based on scientific and fishery information;
(v) Effects of catch rates in one part of a region precluding vessels in another part of that region
from having a reasonable opportunity to harvest a portion of the different species and/or
management quotas;
(vi) Effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP
and its amendments; and/or,
(vii) Effects of a delayed opening with regard to fishing opportunities in other fisheries.
(4) Public display and non-specific research quotas. All sharks collected under the authority of a display
permit or EFP, subject to restrictions at § 635.32, will be counted against the following:
(i)

The base annual quota for persons who collect LCS other than sandbar, SCS, pelagic sharks
other than shortfin mako, blue sharks, porbeagle sharks, or prohibited species under a display
permit or EFP is 57.2 mt ww (41.2 mt dw).

(ii) The base annual quota for persons who collect sandbar sharks under a display permit is 1.4 mt
ww (1.0 mt dw) and under an EFP is 1.4 mt ww (1.0 mt dw).
(iii) No persons may collect dusky sharks under a display permit. Collection of dusky sharks for
research under EFPs and/or SRPs may be considered on a case-by-case basis and any
associated mortality would be deducted from the shark research and display quota.
(iv) The base annual quota for persons who collect smoothhound sharks under a display permit or
EFP is 6 mt ww (4.3 mt dw).
(v) No persons may collect shortfin mako sharks under a display permit. Collection of shortfin
mako sharks for research under EFPs and/or SRPs may be considered on a case-by-case basis
and any associated mortality would be deducted from the shark research and display quota if
shortfin mako shark retention is otherwise prohibited or counted against U.S. allowable
retention levels established at ICCAT when retention is allowed.
(c) Swordfish —
(1) Categories. Consistent with ICCAT recommendations, the fishing year's total amount of swordfish
that may be caught, retained, possessed, or landed by persons and vessels subject to U.S.
jurisdiction is divided into quotas for the North Atlantic swordfish stock and the South Atlantic
swordfish stock. The quota for the North Atlantic swordfish stock is further divided into equal semiannual directed fishery quotas, an annual incidental catch quota for fishermen targeting other
species or taking swordfish recreationally, and a reserve category.
(i)

North Atlantic swordfish.
(A) A swordfish from the North Atlantic stock caught prior to the directed fishery closure by a
vessel for which a directed swordfish LAP, a swordfish handgear LAP, an HMS Commercial
Caribbean Small Boat permit, a Swordfish General Commercial open access permit, or an

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HMS Charter/Headboat permit with a commercial sale endorsement (and only when on a
non for-hire trip) has been issued or is required to have been issued is counted against the
directed fishery quota. The total baseline annual fishery quota, before any adjustments, is
2,937.6 mt dw for each fishing year. Consistent with applicable ICCAT recommendations,
a portion of the total baseline annual fishery quota may be used for transfers to another
ICCAT contracting party. The annual directed category quota is calculated by adjusting for
over- or under harvests, dead discards, any applicable transfers, the incidental category
quota, the reserve quota and other adjustments as needed, and is subdivided into two
equal semiannual periods: One for January 1 through June 30, and the other for July 1
through December 31.
(B) A swordfish from the North Atlantic swordfish stock landed by a vessel for which an
incidental swordfish LAP, an incidental HMS Squid Trawl permit, an HMS Angling permit, or
an HMS Charter/Headboat permit (and only when on a for-hire trip) has been issued, or a
swordfish from the North Atlantic stock caught after the effective date of a closure of the
directed fishery from a vessel for which a swordfish directed LAP, a swordfish handgear
LAP, an HMS Commercial Caribbean Small Boat permit, a Swordfish General Commercial
open access permit, or an HMS Charter/Headboat permit with a commercial sale
endorsement (when on a non for-hire trip) has been issued, is counted against the
incidental category quota. The annual incidental category quota is 300 mt dw for each
fishing year.
(C) All swordfish discarded dead from U.S. fishing vessels, regardless of whether such vessels
are permitted under this part, shall be counted against the annual directed fishing quota.
(D) Fifty (50) mt of the annual fishery quota of North Atlantic swordfish may be held in reserve
for inseason adjustments to fishing categories, to compensate for projected or actual
overharvest in any category, for fishery research, or for other purposes consistent with
management objectives.
(E) In the event of an overharvest of South Atlantic swordfish, up to 150.4 mt dw of swordfish
landed between 5 degrees North and 5 degrees South latitude may be applied against the
North Atlantic swordfish quota. Otherwise, swordfish landed from this area shall be
applied against the South Atlantic swordfish quota. For example, if the South Atlantic
swordfish quota were 100 mt dw, and 50 mt dw were landed between 5 degrees North and
5 degrees South latitude, and 75 mt dw were caught south of 5 degrees South latitude,
then 25 mt dw of the swordfish caught between 5 degrees North and 5 degrees South
latitude would be applied against the North Atlantic swordfish quota. If only 25 mt dw of
swordfish were caught between 5 degrees North and 5 degrees South latitude, and 150 mt
dw of swordfish were caught south of 5 degrees South latitude, 25 mt dw would be
applied against the North Atlantic swordfish quota. The remaining 50 mt dw overharvest
would be counted against the following year's South Atlantic swordfish quota.
(ii) South Atlantic Swordfish. The annual directed fishery quota for the South Atlantic swordfish
stock is 75.2 mt dw. After December 31, 2007, the annual quota is subdivided into two equal
semi-annual quotas of 37.6 mt dw: one for January 1 through June 30, and the other for July 1
through December 31. The entire quota for the South Atlantic swordfish stock is reserved for
vessels with pelagic longline gear onboard and that have been issued a directed fishery permit
for swordfish. No person may retain swordfish caught incidental to other fishing activities or
with other fishing gear in the Atlantic Ocean south of 5 degrees North latitude.
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(2) Inseason adjustments.
(i)

NMFS may adjust the July 1 through December 31 semiannual directed fishery quota or, as
applicable, the reserve category, to reflect actual directed fishery and incidental fishing category
catches during the January 1 through June 30 semiannual period.

(ii) If NMFS determines that the annual incidental catch quota will not be taken before the end of
the fishing year, excess quota may be allocated to the directed fishery quota or to the reserve,
as necessary. If NMFS determines that the annual directed catch quota will not be taken before
the end of the fishing year, some of the excess quota may be allocated to the incidental fishery
quota or to the reserve, as necessary.
(iii) If NMFS determines that it is necessary to close the directed swordfish fishery prior to the
scheduled end of a semi-annual fishing season, any estimated overharvest or underharvest of
the directed fishery quota for that semi-annual season will be used to adjust the annual
incidental catch quota or the reserve as necessary to maintain landings and discards within the
required annual limits.
(iv) NMFS will file with the Office of the Federal Register for publication any inseason swordfish
quota adjustment and its apportionment to fishing categories or to the reserve made under
paragraph (c)(2) of this section.
(3) Annual adjustments. NMFS will file with the Office of the Federal Register for publication notice of the
following adjustments to or apportionments of the annual quota:
(i)

Adjustments to the quota necessary to meet the objectives of the Consolidated Highly
Migratory Species Fishery Management Plan consistent with the quota provisions of paragraph
(c)(1) of this section.

(ii) If consistent with applicable ICCAT recommendations, total landings above or below the
specific North Atlantic or South Atlantic swordfish annual quota will be subtracted from, or
added to, the following year's quota for that area. As necessary to meet management
objectives, such adjustments may be apportioned to fishing categories and/or to the reserve.
Carryover adjustments for the North Atlantic shall be limited to 15 percent of the annual
baseline quota allocation. Carryover adjustments for the South Atlantic shall be limited to 100
mt ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota will be
apportioned equally between the two semiannual fishing seasons.
(iii) The dressed weight equivalent of the amount by which dead discards exceed the allowance
specified at paragraph (c)(1)(i)(C) of this section will be subtracted from the landings quota in
the following fishing year or from the reserve category.
(d) Atlantic blue and white marlin.
(1) Unless adjusted under paragraph (d)(2) of this section or by an ICCAT recommendation, the annual
landings limit is 250 Atlantic blue and white marlin, combined. Annual landings of roundscale
spearfish are also included to the blue and white marlin annual landings limit. Should the U.S.
recreational Atlantic marlin landing limit be adjusted by an ICCAT recommendation, NMFS will file a
notice identifying the new landing limit with the Office of the Federal Register for publication prior to
the start of the next fishing year or as early as possible.

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(2) Consistent with ICCAT recommendations and domestic management objectives, and based on
landings statistics and other information as appropriate, if NMFS determines that aggregate
landings of Atlantic blue marlin, white marlin, and roundscale spearfish exceeded the annual
landings limit for a given fishing year, as established in paragraph (d)(1) of this section, NMFS will
subtract any overharvest from the landings limit for the following fishing year. Additionally, if NMFS
determines that aggregate landings of Atlantic blue marlin, white marlin, and roundscale spearfish
were below the annual landings limit for a given fishing year, as established in paragraph (d)(1) of
this section, NMFS may add any underharvest, or portion thereof, to the landings limit for the
following fishing year. Such adjustments to the annual recreational marlin landings limit, as specified
in paragraph (d)(1) of this section, if necessary, will be filed with the Office of the Federal Register for
publication prior to the start of the next fishing year or as early as possible.
(3) When the annual marlin landings limit specified in paragraph (d)(1) or, if adjusted, as specified in
paragraph (d)(2) of this section is reached or projected to be reached, based upon a review of
landings, the period of time remaining in the current fishing year, current and historical landings
trends, and any other relevant factors, NMFS will file for publication with the Office of the Federal
Register and action restricting fishing for Atlantic blue marlin, white marlin, and roundscale spearfish
to catch-and-release fishing only. In no case shall such adjustment be effective less than 14 calendar
days after the date of publication. From the effective date and time of such action until additional
landings become available, no blue marlin, white marlin, or roundscale spearfish from the
management unit may be taken, retained, or possessed.
(e) Northern albacore tuna —
(1) Annual quota. Consistent with ICCAT recommendations, the ICCAT northern albacore management
procedure, and domestic management objectives, the baseline annual quota, before any
adjustments, is 711.5 mt. The total quota, after any adjustments made per paragraph (e)(2) of this
section, is the fishing year's total amount of northern albacore tuna that may be landed by persons
and vessels subject to U.S. jurisdiction.
(2) Annual adjustments. Consistent with ICCAT recommendations and domestic management
objectives, and based on landings statistics and other information as appropriate, if for a particular
year the total landings are above or below the annual quota for that year, the difference between the
annual quota and the landings will be subtracted from, or added to, the following year's quota,
respectively, or subtracted or added through a delayed, or multi-year adjustment. Carryover
adjustments shall be limited to 25 percent of the baseline quota allocation for that year. NMFS will
file with the Office of the Federal Register for publication any adjustment or apportionment made
under this paragraph (e)(2).
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.27, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.28 Fishery closures.
(a) Bluefin tuna.

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(1) When a BFT quota specified in § 635.27(a) has been reached, or projected to be reached, NMFS will
file a closure action with the Office of the Federal Register for publication. On and after the effective
date and time of such action, for the remainder of the fishing year or for a specified period as
indicated in the notice, fishing for, retaining, possessing, or landing BFT under that quota is
prohibited until the opening of the subsequent quota period or until such date as specified in the
notice.
(2) If NMFS determines that variations in seasonal distribution, abundance, or migration patterns of BFT,
or the catch rate in one area, precludes participants in another area from a reasonable opportunity to
harvest any allocated domestic category quota, as stated in § 635.27(a), NMFS may close all or part
of the fishery under that category. NMFS may reopen the fishery at a later date if NMFS determines
that reasonable fishing opportunities are available, e.g., BFT have migrated into the area or weather
is conducive for fishing. In determining the need for any such interim closure or area closure, NMFS
will also take into consideration the criteria specified in § 635.27(a)(7).
(3) When the Atlantic Tunas Longline category quota is reached, projected to be reached, or exceeded,
or when there is high uncertainty regarding the estimated or documented levels of bluefin tuna catch,
NMFS will file a closure action with the Office of the Federal Register for publication. On and after the
effective date and time of such action, for the remainder of the fishing year or for a specified period
as indicated in the closure action, vessels that have been issued or are required to have a LAP under
§ 635.4 and that have pelagic longline gear onboard are prohibited from leaving port, regardless of
the amount of bluefin tuna quota allocation remaining to each vessel or the amount of fishery quota
remaining for other species. In addition to providing notice in the FEDERAL REGISTER, NMFS will also
notify vessels of any closures and their timing via VMS and may use other electronic methods, such
as email. Vessels would be required to return to port prior to the closure date/time. When
considering whether to close or reopen the Longline category quota, NMFS may consider the
following factors:
(i)

Total estimated bluefin tuna catch (landings and dead discards) in relation to the quota;

(ii) The estimated amount by which the bluefin tuna quota might be exceeded;
(iii) The usefulness of data relevant to monitoring the quota;
(iv) The uncertainty in the documented or estimated dead discards or landings of bluefin tuna;
(v) The amount of bluefin tuna landings or dead discards within a short time;
(vi) The effects of continued fishing on bluefin tuna rebuilding and overfishing;
(vii) The provision of reasonable opportunity for pelagic longline vessels to pursue the target
species;
(viii) The variations in seasonal distribution, abundance or migration patterns of bluefin tuna; and
(viii) Other relevant factors.
(b) Sharks.
(1) A shark fishery that meets any of the following circumstances is closed and subject to the
requirements of paragraph (b)(6) of this section:
(i)

No overall, regional, and/or sub-regional quota, as applicable, is specified at § 635.27(b)(1);

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(ii) The overall, regional, and/or sub-regional quota, as applicable, specified at § 635.27(b)(1) is
zero;
(iii) After accounting for overharvests as specified at § 635.27(b)(2), the overall, regional, and/or
sub-regional quota, as applicable, is determined to be zero or close to zero and NMFS has
closed the fishery by publication of a notice in the FEDERAL REGISTER;
(iv) The species is a prohibited species as listed under heading D, Prohibited Species of Table 1 of
appendix A to this part; or
(v) Landings of the species and/or management group meet the requirements specified in §
635.28(b)(2) through (5) and NMFS has closed the fishery by publication of a notice in the
FEDERAL REGISTER.
(2) Non-linked quotas. If the overall, regional, and/or sub-regional quota of a species or management
group is not linked to another species or management group and that overall, regional, and/or subregional quota is available, then that overall, regional, and/or sub-regional commercial fishery for the
shark species or management group will open as specified in § 635.27(b). When NMFS calculates
that the overall, regional, and/or sub-regional landings for a shark species and/or management
group, as specified in § 635.27(b)(1), has reached or is projected to reach 80 percent of the
applicable available overall, regional, and/or sub-regional quota as specified in § 635.27(b)(1) and is
projected to reach 100 percent of the relevant quota by the end of the fishing season, NMFS will file
for publication with the Office of the Federal Register a closure action, as applicable, for that shark
species and/or shark management group that will be effective no fewer than 4 days from date of
filing. From the effective date and time of the closure until the start of the following fishing year or
until NMFS announces, via publication in the FEDERAL REGISTER, that additional overall, regional, and/
or sub-regional quota is available and the season is reopened, the overall, regional, and/or subregional fisheries for that shark species or management group are closed.
(3) Linked quotas. As specified in paragraph (b)(4) of this section, the overall, regional, and/or subregional quotas of some shark species and/or management groups are linked to the overall, regional,
and/or sub-regional quotas of other shark species and/or management groups. For each pair of
linked species and/or management groups, if the overall, regional, and/or sub-regional quota
specified in § 635.27(b)(1) is available for both of the linked species and/or management groups,
then the overall, regional, and/or sub-regional commercial fishery for both of the linked species and/
or management groups will open as specified in § 635.27(b)(1). When NMFS calculates that the
overall, regional, and/or sub-regional landings for any species and/or management group of a linked
group have reached or are projected to reach 80 percent of the applicable available overall, regional,
and/or sub-regional quota as specified in § 635.27(b)(1) and are projected to reach 100 percent of
the relevant quota before the end of the fishing season, NMFS will file for publication with the Office
of the Federal Register a closure action for all of the species and/or management groups in that
linked group that will be effective no fewer than 4 days from date of filing. From the effective date
and time of the closure until the start of the following fishing year or until NMFS announces, via
publication in the FEDERAL REGISTER, that additional overall, regional, and/or sub-regional quota is
available and the season is reopened, the overall, regional, and/or sub-regional fishery for all species
and/or management groups in that linked group is closed.
(4) The quotas of the following species and/or management groups are linked:
(i)

Atlantic hammerhead sharks and Atlantic aggregated LCS.

(ii) Eastern Gulf of Mexico hammerhead sharks and eastern Gulf of Mexico aggregated LCS.
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(iii) Western Gulf of Mexico hammerhead sharks and western Gulf of Mexico aggregated LCS.
(iv) Atlantic blacknose sharks and Atlantic non-blacknose SCS south of 34°00′ N. lat.
(5) NMFS may close the regional or sub-regional Gulf of Mexico blacktip shark management group(s)
before landings reach, or are expected to reach, 80 percent of the quota, after considering the
following criteria and other relevant factors:
(i)

Estimated Gulf of Mexico blacktip shark season length based on available sub-regional quotas
and average sub-regional weekly catch rates during the current fishing year and from previous
years;

(ii) Variations in regional and/or sub-regional seasonal distribution, abundance, or migratory
patterns of blacktip sharks, hammerhead sharks, and aggregated LCS based on scientific and
fishery information;
(iii) Effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP
and its amendments;
(iv) The amount of remaining shark quotas in the relevant sub-regions, to date, based on dealer or
other reports; and,
(v) The regional and/or sub-regional catch rates of the relevant shark species or management
group(s), to date, based on dealer or other reports.
(6) When the overall, regional, and/or sub-regional fishery for a shark species and/or management group
is closed, a fishing vessel, issued a Federal Atlantic commercial shark permit pursuant to § 635.4,
may not possess, retain, land, or sell a shark of that species and/or management group that was
caught within the closed region or sub-region, except under the conditions specified in § 635.22(a)
and (c) or if the vessel possesses a valid shark research permit under § 635.32, a NMFS-approved
observer is onboard, and the sandbar and/or Research LCS fishery, as applicable, is open. A shark
dealer, issued a permit pursuant to § 635.4, may not purchase or receive a shark of that species and/
or management group that was caught within the closed region or sub-region from a vessel issued a
Federal Atlantic commercial shark permit, except that a permitted shark dealer or processor may
possess sharks that were caught in the closed region or sub-region that were harvested, off-loaded,
and sold, traded, or bartered, prior to the effective date of the closure and were held in storage.
Under a closure for a shark species or management group, a shark dealer, issued a permit pursuant
to § 635.4 may, in accordance with State regulations, purchase or receive a shark of that species or
management group if the shark was harvested, off-loaded, and sold, traded, or bartered from a
vessel that fishes only in State waters and that has not been issued a Federal Atlantic commercial
shark permit, HMS Angling permit, or HMS Charter/Headboat permit pursuant to § 635.4.
Additionally, under an overall, a regional, or a sub-regional closure for a shark species and/or
management group, a shark dealer, issued a permit pursuant to § 635.4, may purchase or receive a
shark of that species group if the sandbar or Research LCS fishery, as applicable, is open and the
shark was harvested, off-loaded, and sold, traded, or bartered from a vessel issued a valid shark
research permit (per § 635.32) that had a NMFS-approved observer on board during the trip the
shark was collected.
(7) If the Atlantic Tunas Longline category quota is closed as specified in paragraph (a)(3) of this
section, vessels that have pelagic longline gear on board cannot possess, retain, land, or sell sharks.
(c) Swordfish —
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(1) Directed fishery closure. When the annual or semiannual directed fishery quota specified in §
635.27(c)(1)(i) or (ii) is reached, or is projected to be reached, NMFS will file with the Office of the
Federal Register for publication notification of closure at least 14 days before the effective date.
From the effective date and time of the closure until additional directed fishery quota becomes
available, the directed fishery for the appropriate stock is closed and the following catch limits apply:
(i)

When the directed fishery for the North Atlantic swordfish stock is closed,
(A) No more than 15 swordfish per trip may be possessed in or from the Atlantic Ocean north
of 5° N. lat. or landed in an Atlantic coastal state on a vessel using or having on board a
pelagic longline, or issued an Incidental HMS squid trawl permit. However, North Atlantic
swordfish legally taken prior to the effective date of the closure may be possessed in the
Atlantic Ocean north of 5 N. lat. or landed in an Atlantic coastal state on a vessel with a
pelagic longline on board, provided the harvesting vessel does no fishing after the closure
in the Atlantic Ocean north of 5 N. lat., and reports positions with a vessel monitoring
system, as specified in § 635.69. Additionally, legally taken swordfish from the South
Atlantic swordfish stock may be possessed or landed north of 5 N. lat. provided the
harvesting vessel does no fishing on that trip north of 5 N. lat., and reports positions with
a vessel monitoring system as specified in § 635.69. NMFS may adjust the incidental
catch retention limit by filing with the Office of the Federal Register for publication
notification of the change at least 14 days before the effective date. Changes in the
incidental catch limits will be based upon the length of the directed fishery closure and the
estimated rate of catch by vessels fishing under the incidental catch quota.
(B) No more than 2 swordfish per trip may be possessed in or from the Atlantic Ocean north
of 5° N. lat. or landed in an Atlantic coastal state on a vessel that has been issued a
handgear permit under § 635.4(f)(1) provided that such swordfish were not taken with a
harpoon.
(C) No swordfish may be possessed, landed, or sold by vessels issued a Swordfish General
Commercial open access permit.
(D) No swordfish may be sold by vessels issued an HMS Charter/Headboat permit

(ii) When the directed fishery for the South Atlantic swordfish stock is closed, swordfish from that
stock taken incidental to fishing for other species may not be retained.
(2) Incidental catch closure. When the annual incidental catch quota specified in § 635.27(c)(1)(i) is
reached, or is projected to be reached, NMFS will file with the Office of the Federal Register for
publication notification of closure. From the effective date and time of such notification until
additional incidental catch quota becomes available, no swordfish may be landed in an Atlantic
coastal state, or be possessed or sold in or from the Atlantic Ocean north of 5° N. lat. unless the
directed fishery is open and the appropriate permits have been issued to the vessel. In the event of a
directed and incidental North Atlantic swordfish category closure, South Atlantic swordfish may be
possessed in the Atlantic Ocean north of 5° N. lat. and/or landed in an Atlantic coastal state on a
vessel with longline gear onboard, provided that the harvesting vessel does not fish on that trip in the
Atlantic Ocean north of 5° N. lat., the fish were taken legally from waters of the Atlantic Ocean south
of 5° N. lat., and the harvesting vessel reports positions with a vessel monitoring system as specified
in § 635.69.

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(3) Bluefin tuna Longline category closure. If the Atlantic Tunas Longline category quota is closed as
specified in paragraph (a)(3) of this section, vessels that have pelagic longline gear on board cannot
possess or land any North Atlantic swordfish or bluefin tuna.
(d) Northern albacore tuna. When the annual fishery quota specified in § 635.27(e) is reached, or is projected
to be reached, NMFS will file a closure action with the Office of the Federal Register for publication. When
the fishery for Northern albacore tuna is closed, Northern albacore tuna may not be retained. If the
Atlantic Tunas Longline category quota is closed as specified in paragraph (a)(3) of this section, vessels
that have pelagic longline gear on board cannot possess or land any Northern albacore tuna.
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.28, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.29 Transfer at sea and transshipment.
(a) A person who owns or operates a vessel issued a permit, or required to be issued a permit, under § 635.4
may not transfer any tuna or tuna-like species, or other HMS, at sea or in port, regardless of where the fish
was harvested, except as provided in paragraph (c) of this section.
(b) For the purposes of this part, “transfer” means the act of “transshipping” as defined at 50 CFR 300.301.
Notwithstanding the definition of “harvest” at § 600.10, for the purposes of this part, transfer also
includes, but is not limited to, moving or attempting to move a tuna that is on fishing gear or other gear in
the water from one vessel to another vessel.
[79 FR 72559, Dec. 8, 2014, as amended at 80 FR 52204, Aug. 28, 2015; 87 FR 60006, Oct. 3, 2022]

§ 635.30 Possession at sea and landing.
(a) Atlantic tunas. Persons that own or operate a fishing vessel that possesses an Atlantic tuna in the Atlantic
Ocean or that lands an Atlantic tuna in an Atlantic coastal port must maintain such Atlantic tuna through
offloading either in round form or eviscerated with the head and fins removed, provided one pectoral fin
and the tail remain attached. The upper and lower lobes of the tuna tail may be removed for storage
purposes as long as the fork of the tail remains intact.
(b) Billfish. Any person that possesses a blue marlin, white marlin, or roundscale spearfish taken from its
management unit or a sailfish taken shoreward of the outer boundary of the EEZ or lands a blue marlin,
white marlin, or roundscale spearfish in an Atlantic coastal port must maintain such billfish with its head,
fins, and bill intact through offloading. Persons may eviscerate such billfish, but it must otherwise be
maintained whole.
(c) Shark.
(1) In addition to the regulations issued at part 600, subpart N, of this chapter, a person who owns or
operates a vessel issued a Federal Atlantic commercial shark permit under § 635.4 must maintain all
the shark fins including the tail naturally attached to the shark carcass until the shark has been
offloaded from the vessel, except for under the conditions specified in paragraph (c)(5) of this

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section. While sharks are on board and when sharks are being offloaded, persons issued a Federal
Atlantic commercial shark permit under § 635.4 are subject to the regulations at part 600, subpart N,
of this chapter.
(2) A person who owns or operates a vessel that has a valid Federal Atlantic commercial shark permit
may remove the head and viscera of the shark while on board the vessel. At any time when on the
vessel, sharks must not have the backbone removed and must not be halved, quartered, filleted, or
otherwise reduced. All fins, including the tail, must remain naturally attached to the shark through
offloading, except under the conditions specified in paragraph (c)(5) of this section. While on the
vessel, fins may be sliced so that the fin can be folded along the carcass for storage purposes as
long as the fin remains naturally attached to the carcass via at least a small portion of uncut skin.
The fins and tail may only be removed from the carcass once the shark has been landed and
offloaded, except under the conditions specified in paragraph (c)(5) of this section.
(3) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark
permit and who lands sharks in an Atlantic coastal port, including ports in the Gulf of Mexico and
Caribbean Sea, must have all fins and carcasses weighed and recorded on the weighout slips
specified in § 635.5(a)(2) and in accordance with part 600, subpart N, of this chapter. Persons may
not possess any shark fins not naturally attached to a shark carcass on board a fishing vessel at any
time, except under the conditions specified in paragraph (c)(5) of this section. Once landed and
offloaded, sharks that have been halved, quartered, filleted, cut up, or reduced in any manner may not
be brought back on board a vessel that has been or should have been issued a Federal Atlantic
commercial shark permit.
(4) Persons aboard a vessel that has been issued or is required to be issued a permit with a shark
endorsement must maintain a shark intact through landing and offloading with the head, tail, and all
fins naturally attached. The shark may be bled and the viscera may be removed.
(5) A person who owns or operates a vessel that has been issued a Federal commercial smoothhound
permit may remove the fins and tail of a smooth dogfish shark prior to offloading if the conditions in
paragraphs (c)(5)(i) through (iv) of this section have been met. If the conditions in paragraphs
(c)(5)(i) through (iv) of this section have not been met, all fins, including the tail, must remain
naturally attached to the smooth dogfish through offloading from the vessel:
(i)

The smooth dogfish was caught within waters of the United States located shoreward of a line
drawn in such a manner that each point on it is 50 nautical miles from the baseline of an
Atlantic State from which the territorial sea is measured, from Maine south through Florida to
the Atlantic and Gulf of Mexico shark regional boundary defined in § 635.27(b)(1).

(ii) The vessel has been issued both a Federal commercial smoothhound permit and a valid State
commercial fishing permit that allows for fishing for smooth dogfish.
(iii) Smooth dogfish make up at least 25 percent of the catch on board at the time of landing.
(iv) Total weight of the smooth dogfish fins landed or found on board a vessel cannot exceed 12
percent of the total dressed weight of smooth dogfish carcasses on board or landed from the
fishing vessel.
(d) Swordfish. Persons that own or operate a fishing vessel that possesses a swordfish in the Atlantic Ocean
or lands a swordfish in an Atlantic coastal port must maintain such swordfish in round or dressed form
through off-loading.

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50 CFR 635.31

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 69 FR 53362, Sept. 1, 2004; 71 FR 58173, Oct. 2, 2006; 73
FR 40711, July 15, 2008; 75 FR 30528, June 1, 2010; 75 FR 57702, Sept. 22, 2010; 76 FR 39032, July 5, 2011; 80 FR 73145, Nov.
24, 2015; 84 FR 5377, Feb. 21, 2019]

§ 635.31 Restrictions on sale and purchase.
(a) Atlantic tunas.
(1) A person who 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 Atlantic Tunas General, Harpoon, Longline, or Trap category permit; 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). No person may sell a BFT smaller than the
large medium size class. No large medium or giant BFT may be sold if caught by a person aboard a
vessel with an Atlantic HMS Charter/Headboat permit fishing in the Gulf of Mexico at any time or
outside the Gulf of Mexico when the General category fishery has been closed (see § 635.23(c)). A
person may sell Atlantic BFT only to a dealer that has a valid permit for purchasing Atlantic tunas
issued under this part. A person may not sell or purchase Atlantic tunas harvested with speargun
fishing gear. A person issued an Atlantic Tunas General category permit or HMS Charter/Headboat
permit with a commercial sale endorsement must land, sell, or transfer a BFT to a dealer that has a
valid permit for purchasing Atlantic tunas no later than 0000 local time the day prior to an RFD, as
specified at § 635.23(a). If that person is unable to sell or otherwise transfer the BFT to a dealer who
has a dealer permit for Atlantic tunas no later than 0000 local time, the person must follow the
restrictions applicable to landed but not sold BFT specified at § 635.5(a)(3). In no case shall such
person possess a BFT on an RFD.
(2) Dealers may purchase Atlantic tunas only from a vessel that has a valid commercial permit for
Atlantic tunas issued under this part in the appropriate category and the appropriate category has
not been closed, as specified at § 635.28(a).
(i)

Dealers may purchase Atlantic bluefin tuna only from a vessel that has a valid Federal
commercial permit for Atlantic tunas issued under this part in the appropriate category. Vessel
owners and operators of vessels that have been issued an Atlantic Tunas Longline category
permit can sell bluefin tuna and dealers can purchase bluefin tuna from such vessels only if the
Longline category is open, per § 635.28(a) and if:
(A) The vessel has met the minimum quota allocation and accounting requirements at §
635.15(b)(4) and (5) for vessels departing on a trip with pelagic longline gear aboard, and
(B) The dealer and vessel have met the IBQ program participant requirements at §
635.15(a)(2).

(ii) Dealers may first receive BAYS tunas only if they have submitted reports to NMFS according to
reporting requirements at § 635.5(b)(1)(ii), and only from a vessel that has a valid Federal
commercial permit for Atlantic tunas issued under this part in the appropriate category. Vessel
owners and operators of vessels that have been issued an Atlantic Tunas Longline category
permit can sell BAYS tunas and dealers can purchase BAYS tunas from such vessels only if the
Longline category is open per § 635.28(a). Individuals issued a valid HMS Commercial
Caribbean Small Boat permit, and operating in the U.S. Caribbean as defined at § 622.2 of this

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chapter, may sell their trip limits of BAYS tunas, codified at § 635.24(c), to dealers and nondealers. Persons may only sell albacore tuna and dealers may only first receive albacore tuna if
the northern albacore tuna fishery has not been closed as specified at § 635.28 (d).
(iii) Dealers may not first receive a BFT from a vessel that has a valid Atlantic Tunas General permit
or HMS Charter/Headboat permit with a commercial sale endorsement after 0000 local time on
an RFD, as specified at § 635.23(a).
(3) Dealers or seafood processors may not purchase or sell a BFT smaller than the large medium size
class unless it is lawfully imported and is accompanied by a bluefin tuna statistical document, as
specified in § 300.185(a) of this title.
(4) A BFT in the possession of a dealer or seafood processor is deemed to be from the Atlantic Ocean.
However, a BFT will not be deemed to be from the Atlantic Ocean if—
(i)

It was landed in a Pacific state and remains in the state of landing, or

(ii) It is accompanied by a bluefin tuna statistical document, as specified in § 300.185(a) of this
title.
(b) Billfish. Persons may not sell or purchase a billfish taken from its management unit.
(c) Shark.
(1) Persons that own or operate a vessel that possesses, retains, or lands a shark from the management
unit may sell such shark only if the vessel has a valid commercial shark permit issued under this
part. Persons may possess, retain, land, and sell a shark only to a federally-permitted dealer and only
when the fishery for that species, management group, region, and/or sub-region has not been closed,
as specified in § 635.28(b). Persons that own or operate a vessel that has pelagic longline gear
onboard can possess, retain, land, and sell a shark only if the Atlantic Tunas Longline category has
not been closed, as specified in § 635.28(a).
(2) Persons that own or operate a vessel for which a valid Federal Atlantic commercial shark permit has
been issued and on which a shark from the management unit is possessed, may sell, barter or trade
such shark only to a dealer that has a valid permit for shark issued under this part.
(3) Regulations governing the harvest, possession, landing, purchase, and sale of shark fins are found at
part 600, subpart N, of this chapter and in § 635.30(c).
(4) Only dealers who have a valid Federal Atlantic shark dealer permit and who have submitted reports
to NMFS according to reporting requirements of § 635.5(b)(1)(ii) may first receive a shark from an
owner or operator of a vessel that has, or is required to have, a valid Federal Atlantic commercial
shark permit issued under this part. Dealers may purchase a shark only from an owner or operator of
a vessel who has a valid commercial shark permit issued under this part, except that dealers may
purchase a shark from an owner or operator of a vessel who does not have a Federal Atlantic
commercial shark permit if that vessel fishes exclusively in state waters and does not possess a
HMS Angling permit or HMS Charter/Headboat permit pursuant to § 635.4. Atlantic shark dealers
may purchase a sandbar shark only from an owner or operator of a vessel who has a valid shark
research permit and who had a NMFS-approved observer onboard the vessel for the trip in which the
sandbar shark was collected. Atlantic shark dealers may purchase a shark from an owner or
operator of a fishing vessel who has a valid commercial shark permit issued under this part only
when the fishery for that species, management group, region, and/or sub-region has not been closed,

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as specified in § 635.28(b). Atlantic shark dealers may first receive a shark from a vessel that has
pelagic longline gear onboard only if the Atlantic Tunas Longline category has not been closed, as
specified in § 635.28(a).
(5) An Atlantic shark dealer issued a permit under this part may first receive shark fins from an owner or
operator of a fishing vessel only if the shark fins were harvested in accordance with the regulations
found at part 600, subpart N, of this chapter and in § 635.30(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.
(d) Swordfish.
(1) Persons that own or operate a vessel on which a swordfish in or from the Atlantic Ocean is
possessed may sell such swordfish only if the vessel has a valid commercial permit for swordfish
issued under this part. Persons may offload such swordfish only to a dealer who has a valid permit
for swordfish issued under this part; except that individuals issued a valid HMS Commercial
Caribbean Small Boat permit, and operating in the U.S. Caribbean as defined at § 622.2 of this
chapter, may sell swordfish, as specified at § 635.24(b)(3), to non-dealers. Persons that own or
operate a vessel that has pelagic longline gear onboard can only possess and sell a swordfish if the
Atlantic Tunas Longline category has not been closed, as specified in § 635.28(a)(4).
(2) Atlantic swordfish dealers may first receive a swordfish harvested from the Atlantic Ocean only from
an owner or operator of a fishing vessel that has a valid commercial permit for swordfish issued
under this part, and only if the dealer has submitted reports to NMFS according to reporting
requirements of § 635.5(b)(1)(ii). Atlantic swordfish dealers may first receive a swordfish from a
vessel that has pelagic longline gear onboard only if the Atlantic Tunas Longline category has not
been closed, as specified in § 635.28(a)(3).
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.31, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 635.32 Specifically authorized activities.
(a) General.
(1) Consistent with the provisions of § 600.745 of this chapter, except as indicated in this section, NMFS
may authorize activities otherwise prohibited by the regulations contained in this part for the
conduct of scientific research, the acquisition of information and data, the enhancement of safety at
sea, the purpose of collecting animals for public education or display, the investigation of bycatch,
economic discard and regulatory discard, or for chartering arrangements.
(2) Activities subject to the provisions of this section include, but are not limited to: scientific research
resulting in, or likely to result in, the take, harvest, or incidental mortality of Atlantic HMS; exempted
fishing and educational activities; programs under which regulated species retained in contravention
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to otherwise applicable regulations may be donated through approved food bank networks; or
chartering arrangements. Such activities must be authorized in writing and are subject to all
conditions specified in any letter of acknowledgment, EFP, scientific research permit, display permit,
chartering permit, or shark research permit issued in response to requests for authorization under
this section.
(3) For the purposes of all regulated species covered under this part, NMFS has the sole authority to
issue permits, authorizations, and acknowledgments. If a regulated species landed or retained under
the authority of this section is subject to a quota, the fish shall be counted against the quota
category as specified in the written authorization.
(4) Inspection requirements specified in § 635.5(e) apply to the owner or operator of a fishing vessel
that has been issued an exempted fishing permit, scientific research permit, display permit, or
chartering permit.
(b) Scientific research activities. For the purposes of all species covered under this part regulated under the
authority of ATCA, the provisions for research plans under § 600.745(a) and reports under § 600.745(c)(1)
of this chapter are mandatory. In such cases of authorized scientific research activities, NMFS shall issue
scientific research permits. For scientific research activities involving the capture of Atlantic sharks,
research plans and reports are requested; letters of acknowledgment shall be issued by NMFS as
indicated under § 600.745(a) of this chapter.
(c) Exempted fishing permits.
(1) For activities consistent with the purposes of this section and § 600.745(b)(1) of this chapter, other
than scientific research conducted from a scientific research vessel, NMFS may issue exempted
fishing permits.
(2) [Reserved]
(d) Display permits.
(1) For activities consistent with the purposes of this section and § 600.745(b)(1) of this chapter, NMFS
may issue display permits.
(2) Notwithstanding the provisions of § 600.745 of this chapter and other provisions of this part, a valid
display permit is required to fish for, take, retain, or possess an HMS in or from the Atlantic EEZ for
the purposes of public display. A valid display permit must be on board the harvesting vessel, must
be available when the fish is landed, must be available when the fish is transported to the display
facility, and must be presented for inspection upon request of an authorized officer. A display permit
is valid for the specific time, area, gear, and species specified on it. Species landed under a display
permit shall be counted against the appropriate quota specified in § 635.27 or as otherwise provided
in the display permit.
(3) To be eligible for a display permit, a person must provide all information concerning his or her
identification, numbers by species of HMS to be collected, when and where they will be collected,
vessel(s) and gear to be used, description of the facility where they will be displayed, and any other
information that may be necessary for the issuance or administration of the permit, as requested by
NMFS.

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(4) Collectors of HMS for public display must notify the local NMFS Office for Law Enforcement at least
24 hours, excluding weekends and holidays, prior to departing on a collection trip, regardless of
whether the fishing activity will occur in or outside the EEZ, as to collection plans and location and
the number of animals to be collected. In the event that a NMFS agent is not available, a message
may be left.
(5) All live HMS collected for public display are required to have either a conventional dart tag or a
microchip Passive Integrated Transponder (PIT) tag applied by the collector at the time of the
collection. Both types of tags will be supplied by NMFS. Conventional dart tags will be issued unless
PIT tags are specifically requested in the permit application and their use approved by NMFS. Terms
and conditions of the permit will address requirements associated with the use of the tags supplied
on a case-by-case basis.
(e) Chartering permits.
(1) For activities consistent with the purposes of this section, § 635.5(a), and § 600.745(b)(1) of this
chapter, NMFS may issue chartering permits for record keeping and reporting purposes. An
application for a chartering permit must include all information required under § 600.745(b)(2) of
this chapter and, in addition, written notification of: the species of fish covered by the chartering
arrangement and quota allocated to the Contracting Party of which the chartering foreign entity is a
member; duration of the arrangement; measures adopted by the chartering Contracting Party of
which the foreign entity is a member to implement ICCAT chartering provisions; copies of fishing
licenses, permits, and/or other authorizations issued by the chartering Contracting Party of which
the foreign entity is a member for the vessel to fish under the arrangement; a copy of the High Seas
Fishing Compliance Act Permit pursuant to 50 CFR 300.10; documentation regarding interactions
with protected resources; and documentation regarding the legal establishment of the chartering
company. To be considered complete, an application for a chartering permit for a vessel must
include all information specified in § 600.745(b)(2) of this chapter and in § 635.32(e) and (f).
(2) Notwithstanding the provisions of § 600.745 of this chapter and other provisions of this part, a valid
chartering permit is required to fish for, take, retain, or possess ICCAT-regulated species under
chartering arrangements as specified in § 635.5(a)(6). A valid chartering permit must be on board
the harvesting vessel, must be available when ICCAT-regulated species are landed, and must be
presented for inspection upon request of an authorized officer. A chartering permit is valid for the
duration of the chartering arrangement or until the expiration date specified on the permit, whichever
comes first. Vessels issued a chartering permit shall not be authorized to fish under applicable
Atlantic Highly Migratory Species quotas or entitlements of the United States until the chartering
permit expires or is terminated.
(3) Charter permit holders must submit logbooks and comply with reporting requirements as specified
in § 635.5. NMFS will provide specific conditions and requirements in the chartering permit, so as to
ensure consistency, to the extent possible, with laws of foreign countries, the 2006 Consolidated
HMS FMP and its amendments, as well as ICCAT recommendations.
(4) Observers may be placed on board vessels issued chartering permits as specified under § 635.7.
(5) NMFS will issue a chartering permit only if it determines that the chartering arrangement is in
conformance with ICCAT's conservation and management programs.
(6) A vessel shall be authorized to fish under only one chartering arrangement at a time.
(7) All chartering permits are subject to sanctions and denials as indicated under § 635.4(a)(6).
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(f) Shark research permits.
(1) For activities consistent with the purposes of this section and § 600.745(b)(1) of this chapter, NMFS
may issue shark research permits.
(2) Notwithstanding the provisions of § 600.745 of this chapter and other provisions of this part, a valid
shark research permit is required to fish for, take, retain, or possess Atlantic sharks, including
sandbar sharks, in excess of the retention limits described in § 635.24(a). A valid shark research
permit must be on board the harvesting vessel, must be available for inspection when the shark is
landed, and must be presented for inspection upon request of an authorized officer. A shark research
permit is only valid for the vessel and owner(s) combination specified and cannot be transferred to
another vessel or owner(s). A shark research permit is only valid for the retention limits, time, area,
gear specified, and other terms and conditions as listed on the permit and only when a NMFSapproved observer is onboard. Species landed under a shark research permit shall be counted
against the appropriate quota specified in § 635.27 or as otherwise provided in the shark research
permit.
(3) Regardless of the number of applicants, NMFS will issue only a limited number of shark research
permits depending on available quotas as described in § 635.27, research needs for stock
assessments and other scientific purposes, and the number of sharks expected to be harvested by
vessels issued LAPs for sharks.
(4) In addition to the workshops required under § 635.8, persons issued a shark research permit, and/or
operators of vessels specified on the shark research permit, may be required to attend other
workshops (e.g., shark identification workshops, captain's meeting, etc.) as deemed necessary by
NMFS to ensure the collection of high quality data.
(5) Issuance of a shark research permit does not guarantee the permit holder that a NMFS-approved
observer will be deployed on any particular trip. Rather, permit issuance indicates that a vessel is
eligible for a NMFS-approved observer to be deployed on the vessel for a particular trip and that, on
such observed trips, the vessel may be allowed to harvest Atlantic sharks, including sandbar sharks,
in excess of the retention limits described in § 635.24(a).
(6) The shark research permit may be revoked, limited, or modified at any time, does not confer any right
to engage in activities beyond those authorized by the permit, and does not confer any right of
compensation to the holder.
(g) Applications and renewals.
(1) Application procedures shall be as indicated under § 600.745(b)(2) of this chapter, except that NMFS
may consolidate requests for the purpose of obtaining public comment. In such cases, NMFS may
file with the Office of the Federal Register, on an annual or more frequent basis as necessary,
notification of previously authorized exempted fishing, scientific research, public display, chartering,
and shark research activities and to solicit public comment on anticipated EFP, scientific research
permit, letter of acknowledgment, public display, chartering, or shark research permit activities.
Applications for EFPs, scientific research permits, public display permits, chartering permits, or shark
research permits are required to include all reports specified in the applicant's previous permit
including, if applicable, the year-end report, all delinquent reports for permits issued in prior years,
and all other specified information. In situations of delinquent reports, applications will be deemed
incomplete and a permit will not be issued under this section.

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(2) For the shark research permit, NMFS will publish annually, in a FEDERAL REGISTER notice(s), a
description for the following fishing year of the expected research objectives. This description may
include information such as the number of vessels needed, regions and seasons for which vessels
are needed, the specific criteria for selection, and the application deadline. Complete applications,
including all information requested in the applicable FEDERAL REGISTER notice(s) and on the
application form and any previous reports required pursuant to this section and § 635.5, must be
received by NMFS by the application deadline in order for the vessel to be considered. Requested
information could include, but is not limited to, applicant name and address, permit information,
vessel information, availability of the vessel, past involvement in the shark fishery, and compliance
with HMS regulations including observer regulations. NMFS will only review complete applications
received by the published deadline to determine eligibility for participation in the shark research
fishery. Qualified vessels will be chosen based on the information provided on the applications and
their ability to meet the selection criteria as published in the FEDERAL REGISTER notice. A commercial
shark permit holder whose vessel was selected to carry an observer in the previous two years for any
HMS fishery but failed to comply with the observer regulations specified in § 635.7 will not be
considered. A commercial shark permit holder that has been charged criminally or civilly (i.e., issued
a Notice of Violation and Assessment (NOVA) or Notice of Permit Sanction) for any HMS related
violation will not be considered for participation in the shark research fishery. Qualified vessels will
be randomly selected to participate in the shark research fishery based on their availability and the
temporal and spatial needs of the research objectives. If a vessel issued a shark research permit
cannot conduct the shark research tasks, for whatever reason, that permit will be revoked and,
depending on the status of the research and the fishing year, NMFS will randomly select another
qualified vessel to be issued a shark research permit.
(h) Terms and conditions.
(1) For EFPs, scientific research permits, and public display permits: Written reports on fishing activities,
and disposition of all fish captured under a permit issued under this section must be submitted to
NMFS within 5 days of return to port. NMFS will provide specific conditions and requirements as
needed, consistent with the Consolidated HMS Fishery Management Plan, in the permit. If an
individual issued a Federal permit under this section captures no HMS in any given month, either in
or outside the EEZ, a “no-catch” report must be submitted to NMFS within 5 days of the last day of
that month.
(2) For chartering permits, written reports of fishing activities must be submitted to NMFS by a date
specified, and to an address designated, in the terms and conditions of each chartering permit.
(3) An annual written summary report of all fishing activities, and disposition of all fish captured, under
the permit must be submitted to NMFS for all EFPs, scientific research permits, display permits, and
chartering permits issued under this section within 30 days after the expiration date of the permit.
(4) For shark research permits, all owners and/or operators must comply with the recordkeeping and
reporting requirements specified in § 635.5 per the requirement of holding a LAP for sharks.
(5) As stated in § 635.4(a)(6), failure to comply with the recordkeeping and reporting requirements of
this section could result in the EFP, scientific research permit, display permit, chartering permit, or
shark research permit being revoked, suspended, or modified, and in the denial of any future
applications.
[64 FR 29135, May 28, 1999, as amended at 68 FR 63742, Nov. 10, 2003; 68 FR 74786, Dec. 24, 2003; 69 FR 70399, Dec. 6, 2004;
73 FR 40711, July 15, 2008; 75 FR 30528, June 1, 2010]
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§ 635.33 Archival tags.
(a) Landing an HMS with a surgically implanted archival tag. Notwithstanding other provisions of this part,
persons may catch, possess, retain, and land an Atlantic HMS in which an archival tag has been surgically
implanted, provided such persons return the tag to the research entity indicated on the tag or to NMFS at
an address designated by NMFS and report the fish as required in § 635.5.
(b) Quota monitoring. If an Atlantic HMS landed under the authority of paragraph (a) of this section is subject
to a quota, the fish will be counted against the applicable quota for the species consistent with the fishing
gear and activity which resulted in the catch. In the event such fishing gear or activity is otherwise
prohibited under applicable provisions of this part, the fish shall be counted against the reserve or
research quota established for that species, as appropriate.
[81 FR 55379, Aug. 19, 2016]

§ 635.34 Adjustment of management measures.
(a) NMFS may adjust the IBQ shares or resultant allocations for bluefin tuna, as specified in § 635.15; catch
limits for bluefin tuna, as specified in § 635.23; the overall, regional, and/or sub-regional quotas for bluefin
tuna, sharks, swordfish, and northern albacore tuna as specified in § 635.27; the retention limits for
sharks, as specified at § 635.24; the regional retention limits for Swordfish General Commercial permit
holders, as specified at § 635.24; the marlin landing limit, as specified in § 635.27(d); and the minimum
sizes for Atlantic blue marlin, white marlin, and roundscale spearfish as specified in § 635.20.
(b) In accordance with the framework procedures in the 2006 Consolidated HMS FMP, NMFS may establish or
modify for species or species groups of Atlantic HMS the following management measures: Maximum
sustainable yield or optimum yield based on the latest stock assessment or updates in the SAFE report;
domestic quotas; recreational and commercial retention limits, including target catch requirements; size
limits; fishing years or fishing seasons; shark fishing regions, or regional and/or sub-regional quotas;
species in the management unit and the specification of the species groups to which they belong; species
in the prohibited shark species group; classification system within shark species groups; permitting and
reporting requirements; workshop requirements; the IBQ shares or resultant allocations for BFT;
administration of the IBQ program (including but not limited to requirements pertaining to leasing of IBQ
allocations, regional or minimum IBQ share requirements, IBQ share caps (individual or by category),
permanent sale of shares, NED IBQ rules, etc.); de minimis BFT quota set-aside for new entrants and
associated requirements, process and conditions; time/area restrictions; allocations among user groups;
gear prohibitions, modifications, or use restriction; effort restrictions; observer coverage requirements; EM
requirements; essential fish habitat; and actions to implement ICCAT recommendations, as appropriate.
(c) NMFS may add species to the prohibited shark species group specified in heading D, Prohibited Sharks, of
Table 1 of appendix A to this part if, after considering the criteria in paragraphs (c)(1) through (4) of this
section, the species is determined to meet at least two of the criteria. Alternatively, NMFS may remove
species from the prohibited shark species group and place them in the appropriate shark species group in
Table 1 of appendix A if, after considering the criteria in paragraphs (c)(1) through (4) of this section,
NMFS determines the species only meets one criterion.
(1) Biological information indicates that the stock warrants protection.
(2) Information indicates that the species is rarely encountered or observed caught in HMS fisheries.

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(3) Information indicates that the species is not commonly encountered or observed caught as bycatch
in fishing operations for species other than HMS.
(4) The species is difficult to distinguish from other prohibited species.
(d) When considering a framework adjustment to add, change, or modify time/area closures and/or gear
restricted areas, NMFS will consider, consistent with the FMP, the Magnuson-Stevens Act and other
applicable law, but is not limited to the following criteria: Any Endangered Species Act related issues,
concerns, or requirements, including applicable BiOps; bycatch rates of protected species, prohibited
HMS, or non-target species both within the specified or potential closure area(s) and throughout the
fishery; bycatch rates and post-release mortality rates of bycatch species associated with different gear
types; new or updated landings, bycatch, and fishing effort data; evidence or research indicating that
changes to fishing gear and/or fishing practices can significantly reduce bycatch; social and economic
impacts; and the practicability of implementing new or modified closures compared to other bycatch
reduction options. If the species is an ICCAT managed species, NMFS will also consider the overall effect
of the U.S.'s catch on that species before implementing time/area closures, gear restricted areas, or
access to closed areas.
[64 FR 29135, May 28, 1999, as amended at 68 FR 74788, Dec. 24, 2003; 71 FR 58173, Oct. 2, 2006; 75 FR 57702, Sept. 22, 2010;
78 FR 52031, Aug. 21, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR 50102, Aug. 18, 2015; 83 FR 33157, July 17, 2018; 87 FR 60007,
Oct. 3, 2022]

Subpart D—Restrictions on Imports
§ 635.40 Restrictions to enhance conservation.
(a) Determinations. Upon a determination by NMFS that species of fish subject to regulation or under
investigation by ICCAT are ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) or (c)(5),
NMFS, with the concurrence of the Secretary of State, will file with the Office of the Federal Register for
publication a finding to that effect. Effective upon the date of filing of such finding, all shipments of fish in
any form of the species found to be ineligible will be denied entry unless, with respect to a particular
shipment, it is established by satisfactory proof pursuant to paragraph (b) of this section that the
particular shipment of fish is eligible for entry. Entry will not be denied and no such proof will be required
for any such shipment that, on the date of filing was in transit to the United States on board a vessel
operating as a common carrier.
(b) Proof of admissibility.
(1) For the purposes of paragraph (a) of this section and section 971d(6)(a) of ATCA, a shipment of fish
in any form of the species under regulation or under investigation by ICCAT offered for entry, directly
or indirectly, from a country named in a finding filed with the Office of the Federal Register for
publication under paragraph (a) of this section is eligible for entry if the shipment is accompanied by
a completed ATCA COE attached to the invoice certifying that the fish in the shipment:
(i)

Are not of the species specified in the finding;

(ii) Are of the species named in the finding, but were not taken in the regulatory area; or
(iii) Are of the species named in the finding, but are products of an American fishery and were
lawfully taken in conformity with applicable conservation laws and regulations and landed in
the country named in the finding solely for transshipment.
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(2) If the fish are offered for entry under paragraph (b)(1)(i) or (b)(1)(ii) of this section, the ATCA COE
must be executed by a duly authorized official of the country named in the finding and the ATCA COE
must be validated by a consular officer or consular agent of the United States. Such validation must
be attached to the ATCA COE.
(3) [Reserved]
(c) Removal of import restrictions. Upon a determination by NMFS that the conditions no longer exist that
warranted the finding under paragraph (a) of this section, NMFS will remove the import restriction by filing
with the Office of the Federal Register for publication notification of removal effective on the date of filing.
However, for 1 year from the date of filing every shipment of fish in any form that was subject to the
finding under paragraph (a) of this section will continue to be denied entry, unless the shipment is
accompanied by a certification executed by an authorized official of the country of export and
authenticated by a consular officer or consular agent of the United States certifying that no portion of the
shipment is composed of fish taken prior to or during the import restriction.
[64 FR 29135, May 28, 1999, as amended at 83 FR 33157, July 17, 2018]

§ 635.41 Products denied entry.
(a) [Reserved]
(b) All shipments of tuna or tuna-like species, or their products, in any form, harvested in the ICCAT
convention area by a fishing vessel that is required to be listed, but not listed on the ICCAT record of
authorized vessels will be denied entry into the United States.
(c) All shipments of tuna or tuna-like species, or their products, in any form, harvested in the ICCAT
convention area by a fishing vessel listed on the ICCAT record as engaged in illegal, unreported, and
unregulated fishing will be denied entry into the United States.
(d) All shipments of tuna or tuna-like species, placed in cages for farming and/or transshipment, harvested in
the ICCAT convention area and caught by a fishing vessel included on the ICCAT list as engaged in illegal,
unreported, and unregulated fishing will be denied entry into the United States.
(e) For the purposes of this section, it is a rebuttable presumption that any shipment containing swordfish,
bluefin tuna, bigeye tuna, or their products offered for entry into the United States has been harvested by a
vessel or vessels of the exporting nation.
[69 FR 70400, Dec. 6, 2004, as amended at 70 FR 28218, May 17, 2005; 77 FR 52261, Aug. 29, 2012]

Subpart E—International Port Inspection
§ 635.50 Basis and purpose.
The regulations in this subpart implement the ICCAT port inspection scheme. The text of the ICCAT port inspection
scheme may be obtained from NMFS.

§ 635.51 Authorized officer.
For the purposes of this subpart, an authorized officer is a person appointed by an ICCAT contracting party to
conduct inspections for the purpose of determining compliance with ICCAT conservation and management
measures and who possesses identification issued by the authorized officer's national government.
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[79 FR 72559, Dec. 8, 2014]

§ 635.52 Vessels subject to inspection.
(a) All U.S. fishing vessels carrying fish species subject to regulation pursuant to a recommendation of ICCAT
that have not been previously landed or transshipped at port, as well as the vessel's catch, gear,
equipment, records, and any documents the authorized officer deems necessary to determine compliance
with ICCAT conservation and management measures, are subject to inspection when in a port of any
ICCAT contracting or cooperating non-contracting party. A list of ports, designated by ICCAT contracting
or cooperating non-contracting parties, to which foreign vessels carrying fish species subject to
regulation pursuant to a recommendation of ICCAT may seek entry is available on the ICCAT Web site.
(b) While in port, the master, crewmember, or any other person on a U.S. vessel carrying fish species subject
to regulation pursuant to a recommendation of ICCAT must cooperate with an authorized officer during
the conduct of an inspection, including by facilitating safe boarding. ICCAT recommendations require that
inspections be carried out so that the vessel suffers minimum interference and inconvenience, and so
that degradation of the quality of catch is avoided.
[79 FR 72559, Dec. 8, 2014]

§ 635.53 Prior notification.
(a) U.S. vessels carrying tuna or tuna-like species or other HMS that are seeking to enter the port of another
ICCAT contracting or cooperating party must provide to the port State, at least 72 hours before the
estimated time of arrival at the port or in accordance with any other time period specified by the foreign
government, the following information:
(1) Vessel identification (External identification; Name; Flag State; ICCAT Record No., if any; IMO No., if
any; and international radio call sign);
(2) Name of the designated port, as referred to in the ICCAT register, to which it seeks entry and the
purpose of the port call;
(3) Fishing authorization or, where appropriate, any other authorization held by the vessel to support
fishing operations on ICCAT-managed species and/or fish products originating from such species;
(4) Estimated date and time of arrival in port;
(5) In kilograms, the estimated quantities of each ICCAT-managed species and/or fish products
originating from such species to be held on board and to be landed, with associated catch areas;
(6) Other information, as requested by the foreign ICCAT contracting or cooperating non-contracting
party, to determine whether a vessel has engaged in IUU fishing, or related activities;
(b) After receiving information pursuant to paragraph (a) of this section, the foreign ICCAT contracting or
cooperating non-contracting party should decide whether to authorize or deny the entry of a vessel into its
port.
[79 FR 72559, Dec. 8, 2014]

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§ 635.54 Reports.
Owners and operators of U.S. vessels subject to inspection under § 635.52 are hereby notified that the ICCAT
recommendation establishing a scheme for minimum standards for inspection in port requires that:
(a) Upon completion of the inspection, the authorized officer shall provide the Master of the U.S. fishing
vessel with the inspection report containing the findings of the inspection, including any violations found
and possible subsequent measures that could be taken by the foreign ICCAT contracting or cooperating
non-contracting party. The Master of the U.S. vessel is entitled to add or have added to the report any
comments or objections, and to add his or her own signature as an acknowledgement of receipt,
(b) Copies of the inspection report shall also be provided by the port State to the ICCAT Secretariat and, as
appropriate, to NMFS and other contracting or cooperating non-contracting parties of ICCAT,
(c) Any enforcement action taken by the foreign ICCAT contracting or cooperating non-contracting party in
response to an infringement shall be reported to the United States and to the ICCAT Secretariat, and
(d) The foreign ICCAT contracting or cooperating non-contracting party shall refer any infringements found
that do not fall within its jurisdiction, or with respect to which it has not taken action, to the flag State of
the vessel (i.e., to NMFS).
[79 FR 72560, Dec. 8, 2014, as amended at 87 FR 11325, Mar. 1, 2022]

Subpart F—Enforcement
§ 635.69 Vessel monitoring systems.
(a) Applicability. To facilitate enforcement of time/area and fishery closures, enhance reporting, and support
the IBQ Program (§ 635.15), an owner or operator of a commercial vessel that has been issued or is
required to be issued an Atlantic Tunas Longline category LAP or a vessel that is permitted, or required to
be permitted, to fish for Atlantic HMS under § 635.4 and that fishes with pelagic or bottom longline or
gillnet gear is required to install a NMFS-approved enhanced mobile transmitting unit (E-MTU) vessel
monitoring system (VMS) on board the vessel and operate the VMS unit under the circumstances listed in
paragraphs (a)(1) through (a)(5) of this section. For purposes of this section, a NMFS-approved E-MTU
VMS is one that has been approved by NMFS as satisfying its type approval listing for E-MTU VMS units.
Those requirements are published in the FEDERAL REGISTER and may be updated periodically.
(1) Whenever the vessel has pelagic longline gear on board;
(2) Whenever a vessel issued a directed shark LAP, has bottom longline gear on board, is located
between 33°00′ N. lat. and 36°30′ N. lat., and the mid-Atlantic shark closed area is closed as
specified in § 635.21(d)(1); or
(3) Pursuant to Atlantic large whale take reduction plan requirements at 50 CFR 229.32(h), whenever a
vessel issued a directed shark LAP has a gillnet(s) on board.
(4) A vessel is considered to have pelagic or bottom longline gear on board, for the purposes of this
section, when the gear components as specified at § 635.2 are on board. A vessel is considered to
have gillnet gear on board, for the purposes of this section, when gillnet, as defined in § 600.10 of
this chapter, is on board a vessel that has been issued a shark LAP.
(5) Whenever a vessel issued an Atlantic Tunas Longline permit has green-stick gear on board.
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(b) Hardware specifications. The VMS hardware must be approved by NMFS and must be able to perform all
NMFS required functions. NMFS will file with the Office of the Federal Register for publication notification
listing the specifications for approved VMS units. As necessary, NMFS will make additions and/or
amendments to the VMS hardware type approval list to account for changes in specifications or new
products offered by manufacturers. NMFS will file with the Office of the Federal Register for publication
notification listing such additions and/or amendments.
(c) Communications specifications. The communications service provider must be approved by NMFS and
must be able to provide all NMFS required functions. NMFS will file with the Office of the Federal Register
for publication notification listing the specifications for approved VMS communications service providers.
As necessary, NMFS will make additions and/or amendments to the VMS communications service
providers type approval list to account for changes in specifications or new services offered by
communications providers. NMFS will file with the Office of the Federal Register for publication
notification listing such additions and/or amendments.
(d) Installation and activation. Only an E-MTU VMS that has been approved by NMFS for Atlantic HMS
Fisheries may be used. Any VMS unit must be installed by a qualified marine electrician. When any NMFSapproved E-MTU VMS is installed and activated or reinstalled and reactivated, the vessel owner or
operator must—
(1) Follow procedures indicated on a NMFS-approved installation and activation checklist for the
applicable fishery, which is available from NMFS;
(2) Submit to NMFS a statement certifying compliance with the checklist, as prescribed on the checklist;
and,
(3) Submit to NMFS the checklist, completed by a qualified marine electrician. Vessels fishing prior to
NMFS' receipt of the completed checklist and compliance certification statement will be in violation
of the VMS requirement.
(e) Operation.
(1) Owners or operators of vessels subject to requirements specified in paragraph (a) of this section
must ensure the VMS unit is on so that it will submit automatic position reports every hour, 24 hours
a day. Except as otherwise noted in this paragraph (e)(1), the VMS unit must always be on, operating
and reporting without interruption, and NMFS enforcement must receive hourly position reports
without interruption. No person may interfere with, tamper with, alter, damage, disable, or impede the
operation of a VMS unit, or attempt any of the same. Vessels fishing outside the geographic area of
operation of the installed VMS will be in violation of the VMS requirement. Owners of vessels may
request a documented power down exemption from NMFS enforcement if the vessel will not be
fishing for an extended period of time. The request must describe the reason an exemption is being
requested; the location of the vessel during the time an exemption is sought; the exact time period
for which an exemption is needed (i.e., the time the VMS signal will be turned off and turned on
again); and sufficient information to determine that a power down exemption is appropriate.
Approval of a power down must be documented and will be granted, at the discretion of NMFS
enforcement, only in certain circumstances (e.g., when the vessel is going into dry dock for repairs,
or will not be fishing for an extended period of time).
(2) Hailing out. Prior to departure for each trip, a vessel owner or operator must initially report to NMFS
declaring any highly migratory species the vessel will target on that trip and the specific type(s) of
fishing gear that will be on board the vessel, using NMFS-defined gear codes. If the vessel owner or
operator participates in multiple HMS fisheries, or possesses multiple fishing gears on board the
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vessel, the vessel owner or operator must submit multiple electronic reports to NMFS. If, during the
trip, the vessel switches to a gear type or species group not reported on the initial declaration,
another declaration must be submitted before this fishing begins. This information must be reported
to NMFS using an attached VMS terminal or using another method as instructed by NMFS
enforcement.
(3) Hailing in. A vessel owner or operator must report advance notice of landing to NMFS. For the
purposes of this paragraph (e)(3), landing means to arrive at a dock, berth, beach, seawall, or ramp.
The vessel owner or operator is responsible for ensuring that NMFS is contacted at least 3 hours
and no more than 12 hours in advance of landing regardless of trip duration. This information must
be reported to NMFS using an attached VMS terminal and must include the date, approximate time,
and location of landing.
(4) BFT and fishing effort reporting requirements for vessels fishing with pelagic longline gear or vessels
issued an Atlantic Tunas Longline category LAP fishing with green-stick gear.
(i)

Pelagic longline gear. The vessel owner or operator of a vessel that has pelagic longline gear on
board must report to NMFS using the attached VMS terminal, or using an alternative method
specified by NMFS as follows: For each set, as instructed by NMFS, the date and area of the
set, the number of hooks and the length of all bluefin retained (actual), and the length of all
bluefin tuna discarded dead or alive (approximate), must be reported within 12 hours of the
completion each pelagic longline haul-back.

(ii) Green-stick gear. The owner or operator of a vessel with an Atlantic Tunas Longline permit that
is fishing with green-stick gear must report to NMFS using the attached VMS terminal, or using
an alternative method specified by NMFS as follows: For each green-stick set that interacts
with BFT, as instructed by NMFS, the date and area of the set, the length of BFT retained
(actual), and the numbers and lengths of all BFT discarded dead or alive (approximate), must
be reported within 12 hours of the completion of the retrieval of each set.
(5) Vessel owners or operators that decide not to fish for or retain HMS for a period of time
encompassing two or more trips may follow the requirements of this paragraph (e)(5) in lieu of
paragraphs (e)(2) and (e)(3) of this section.
(i)

If a vessel owner or operator decides not to fish for or retain HMS for a period of time
encompassing two or more trips, that owner or operator may choose to “declare out” of the
fishery. To “declare out,” the vessel owner or operator must contact NMFS using an attached
VMS terminal to indicate the operator does not plan to fish for or retain HMS. By “declaring out”
of the HMS fishery, the vessel owner or operator is exempt from the requirements of
paragraphs (e)(2) and (e)(3) of this section, unless the circumstances described in paragraph
(e)(5)(ii) of this section apply, but must still comply with all other HMS regulations that are
applicable to the vessel including area and gear closures.

(ii) If a vessel owner or operator has advised NMFS that it will not be fishing for or retaining HMS
as described in paragraph (e)(5)(i) of this section, but incidentally catches and retains any HMS
while fishing, the vessel owner is required to change the target species declaration and advise
NMFS, as described in paragraph (e)(2) of this section while at sea before landing with any
HMS. The vessel must also report advance notice of landing to NMFS as described in
paragraph (e)(3) of this section.

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(iii) Once the vessel owner or operator changes the declaration per paragraph (e)(5)(ii) of this
section, that vessel is assumed to be fishing under the requirements of paragraphs (e)(1)
through (e)(3) of this section until the vessel owner or operator makes another declaration
under paragraph (e)(5) of this section.
(f) Interruption. When the vessel operator is aware that transmission of automatic position reports has been
interrupted, or when notified by NMFS that automatic position reports are not being received, the vessel
operator must contact NMFS and follow the instructions given. Such instructions may include but are not
limited to manually communicating to a location designated by NMFS the vessel's position or returning to
port until the VMS is operable.
(g) Repair and replacement. After a fishing trip during which interruption of automatic position reports has
occurred, the vessel's owner or operator must have a qualified marine electrician replace or repair the
VMS unit prior to the vessel's next trip. Repair or reinstallation of a VMS unit or installation of a
replacement, including change of communications service provider, shall be in accordance with the
installation and activation requirements specified at § 635.69(d) of this part.
(h) Access. As a condition to obtaining a LAP for Atlantic swordfish, sharks, or tunas, all vessel owners or
operators using pelagic or bottom longline or gillnet gear, subject to the VMS provisions of this section
must allow NMFS, the USCG, and their authorized officers and designees access to the vessel's position
data obtained from the VMS at the time of or after its transmission to the vendor or receiver, as the case
may be.
[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 FR 47238, Aug. 1, 2000; 68 FR 45169, Aug. 1, 2003; 68
FR 74788, Dec. 24, 2003; 69 FR 51012, Aug. 17, 2004; 72 FR 57194, Oct. 5, 2007; 73 FR 40712, July 15, 2008; 75 FR 30528, June 1,
2010; 76 FR 75502, Dec. 2, 2011; 78 FR 68763, 68764, Nov. 15, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR 73146, Nov. 24, 2015; 87
FR 60007, Oct. 3, 2022]

§ 635.70 Penalties.
(a) General. See § 600.735 of this chapter.
(b) Civil procedures for Atlantic tuna. Because of the perishable nature of Atlantic tuna when it is not chilled
or frozen, an authorized officer may cause to be sold, for not less than its reasonable market value,
unchilled or unfrozen Atlantic tuna that may be seized and forfeited under ATCA and this part.

§ 635.71 Prohibitions.
In addition to the prohibitions specified in § 600.725 of this chapter, it is unlawful for any person subject to the
jurisdiction of the United States to violate any provision of this part, ATCA, the Magnuson-Stevens Act, or any other
rules promulgated under ATCA or the Magnuson-Stevens Act.
(a) General. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:
(1) Falsify information required on an application for a permit submitted under § 635.4 or § 635.32.
(2) Fish for, catch, possess, retain, land, or sell Atlantic HMS without the appropriate valid vessel permit
with the appropriate endorsements, 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.

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(3) Purchase, receive, or transfer or attempt to purchase, receive, or transfer, for commercial purposes,
Atlantic bluefin tuna landed by owners of vessels not permitted to do so under § 635.4, or purchase,
receive, or transfer, or attempt to purchase, receive, or transfer Atlantic bluefin tuna without the
appropriate valid Federal Atlantic tunas dealer permit issued under § 635.4. Purchase, receive, or
transfer or attempt to purchase, receive, or transfer, for commercial purposes, other than solely for
transport, any BAYS tunas, swordfish, or sharks landed by owners of vessels not permitted to do so
under § 635.4, or purchase, receive, or transfer, or attempt to purchase, receive, or transfer, for
commercial purposes, other than solely for transport, any BAYS tunas, swordfish, or sharks without
the appropriate valid dealer permit issued under § 635.4 or submission of reports by dealers to
NMFS according to reporting requirements specified in § 635.5. This prohibition does not apply to
HMS harvested by HMS Commercial Caribbean Small Boat vessel permit holders operating in the
U.S. Caribbean as defined at § 622.2 or to a shark harvested from a vessel that has not been issued
a permit under this part and that fishes exclusively within the waters under the jurisdiction of any
state.
(4) Sell or transfer or attempt to sell or transfer, for commercial purposes, an Atlantic tuna, shark, or
swordfish other than to a dealer that has a valid dealer permit issued under § 635.4, except that this
does not apply to HMS Commercial Caribbean Small Boat vessel permit holders operating in the U.S.
Caribbean as defined at § 622.2, or to a shark harvested by a vessel that has not been issued a
permit under this part and that fishes exclusively within the waters under the jurisdiction of any
state.
(5) Fail to possess and make available for inspection a vessel permit on board the permitted vessel or
upon transfer of HMS to a dealer or a dealer permit at the dealer's place of business, or to alter any
such permit as specified in § 635.4(a).
(6) Falsify or fail to record, report, or maintain information required to be recorded, reported, or
maintained, as specified in §§ 635.5 and 635.32 or in the terms and conditions of a permit issued
under § 635.4 or an EFP, scientific research permit, display permit, chartering permit, or shark
research permit issued under § 635.32.
(7) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in §
635.5(e) and (f) or § 635.32.
(8) Fail to make available for inspection an Atlantic HMS or its area of custody, as specified in § 635.5(e)
and (f).
(9) Fail to report the catching of any Atlantic HMS to which a conventional tag has been affixed under a
tag and release program as specified in § 635.26(a).
(10) Falsify or fail to display and maintain vessel and gear identification, as specified in § 635.6.
(11) Fail to comply with the requirements for at-sea observer coverage, as specified in § 635.7 and §
600.746.
(12) For any person to assault, resist, oppose, impede, intimidate, interfere with, obstruct, delay, or
prevent, by any means, any authorized officer in the conduct of any search, inspection, seizure or
lawful investigation made in connection with enforcement of this part.
(13) Interfere with, delay, or prevent by any means, the apprehension of another person, knowing that
such person has committed any act prohibited by this part.

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(14) Fail to install, activate, repair, or replace a NMFS-approved E-MTU vessel monitoring system prior to
leaving port with pelagic longline gear, bottom longline gear, or gillnet gear on board the vessel, or
with green-stick gear on board a vessel issued an Atlantic Tunas Longline category permit as
specified in § 635.69.
(15) Tamper with, or fail to operate and maintain a vessel monitoring system as specified in § 635.69.
(16) Fail to contact NMFS or follow NMFS instructions when automatic position reporting has been
interrupted as specified in § 635.69.
(17) Fish for Atlantic tunas or swordfish with a gillnet or possess Atlantic tunas or swordfish on board a
vessel with a gillnet on board, as specified in § 635.19(a), (b), and (e).
(18) Fail to retrieve fishing gear and move after an interaction with a protected species, as specified in §
635.21(b)(3).
(19) Utilize secondary gears as specified in § 635.19(a) to capture, or attempt to capture, any undersized
or free swimming Atlantic HMS, or fail to release a captured Atlantic HMS in the manner specified in
§ 635.21(a).
(20) Fail to return a surgically implanted archival tag of a retained Atlantic HMS to NMFS or the research
entity, as specified in § 635.33, or fail to report the fish, as specified in § 635.5.
(21) Fail to maintain an Atlantic HMS in the form specified in § 635.30.
(22) Fish for, catch, retain, or possess an Atlantic HMS that is less than its minimum size limit specified in
§ 635.20.
(23) Fail to comply with the restrictions on use of pelagic longline, bottom longline, gillnet, buoy gear,
speargun gear, or green-stick gear as specified in § 635.21.
(24) Import, or attempt to import, any fish or fish products regulated under this part in a manner contrary
to any import requirements or import restrictions specified at § 635.40 or 635.41.
(25) Dispose of fish or parts thereof or other matter in any manner after any communication or signal
from an authorized officer, or after the approach of an authorized officer.
(26) Violate the terms and conditions or any provision of a permit issued under § 635.4 or § 635.32.
(27) Operate a charterboat or headboat without a valid U.S. Coast Guard merchant marine or uninspected
passenger vessel license on board the vessel when fishing for or possessing Atlantic HMS as
specified at § 635.4(b).
(28) Violate any provision of this part, the Magnuson-Stevens Act, ATCA, or any regulations or permits
issued under the Magnuson-Stevens Act or ATCA.
(29) Land, transship, ship, transport, purchase, sell, offer for sale, import, export, or have in custody,
possession, or control:
(i)

Any fish that the person knows, or should have known, was taken, retained, possessed, or
landed contrary to this part, without regard to the citizenship of the person or registry of the
fishing vessel that harvested the fish.

(ii) Any fish of a species regulated pursuant to a recommendation of ICCAT that was harvested,
retained, or possessed in a manner contrary to the regulations of another country.
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(30) Deploy or fish with any fishing gear from a vessel or anchor a fishing vessel, permitted or required to
be permitted under this part, in any closed area as specified at § 635.21.
(31) Deploy or fish with any fishing gear from a vessel with a pelagic longline on board in any closed or
gear restricted areas during the time periods specified at § 635.21(c)(2).
(32) In the Gulf of Mexico, deploy or fish a pelagic longline with live bait affixed to the hooks or to possess
live bait, or set up a well or tank to maintain live bait, aboard a vessel with pelagic longline gear on
board as specified at § 635.21(c)(4).
(33) Deploy or fish with any fishing gear from a vessel with pelagic or bottom longline gear on board
without carrying the required sea turtle bycatch mitigation gear, as specified at § 635.21(c)(5)(i) for
pelagic longline gear and § 635.21(d)(2) for bottom longline gear. This equipment must be utilized in
accordance with § 635.21(c)(5)(ii) and (d)(2) for pelagic and bottom longline gear, respectively.
(34) Fail to disengage any hooked or entangled sea turtle with the least harm possible to the sea turtle as
specified at § 635.21 (c)(5) or (d)(2).
(35) For any person to assault, resist, oppose, impede, intimidate, interfere with, obstruct, delay, or
prevent, by any means, NMFS personnel or anyone collecting information for NMFS, under an
agreement or contract, relating to the scientific monitoring or management of Atlantic HMS.
(36) Fish with bottom or pelagic longline and shark gillnet gear for HMS without adhering to the gear
operation and deployment restrictions required in 50 CFR 635.21.
(37) Fail to report to NMFS, at the number designated by NMFS, the incidental capture of listed whales
with shark gillnet gear as required by § 635.21(f)(1).
(38) Fish for, or possess on board a fishing vessel, species regulated under this part in unauthorized
fishing areas as specified in § 635.25.
(39) Deploy or fish with any fishing gear, from a vessel with a bottom longline on board, in any closed area
during the time periods specified at § 635.21(d)(1).
(40) Deploy or fish with any fishing gear, from a vessel with bottom longline gear on board, without
carrying a dipnet, line clipper, and dehooking device as specified at § 635.21(d)(2).
(41) Fail to immediately notify NMFS upon the termination of a chartering arrangement as specified in §
635.5(a)(5).
(42) Count chartering arrangement catches against quotas other than those defined as the Contracting
Party of which the chartering foreign entity is a member as specified in § 635.5(a)(5).
(43) Fail to submit catch information regarding fishing activities conducted under a chartering
arrangement with a foreign entity, as specified in § 635.5(a)(5).
(44) Offload charter arrangement catch in ports other than ports of the chartering Contracting Party of
which the foreign entity is a member or offload catch without the direct supervision of the chartering
foreign entity as specified in § 635.5(a)(5).
(45) Import or attempt to import tuna or tuna-like species harvested from the ICCAT convention area by a
fishing vessel that is not listed in the ICCAT record of authorized vessels as specified in § 635.41(b).
(46) Import or attempt to import tuna or tuna-like species harvested by a fishing vessel on the ICCAT
illegal, unreported, and unregulated fishing list as specified in § 635.41(c).
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(47) Import or attempt to import tuna or tuna-like species, placed in cages for farming and/or
transshipment, harvested in the ICCAT convention area and caught by a fishing vessel included on
the ICCAT list as engaged in illegal, unreported, and unregulated fishing as specified in § 635.41(d).
(48) Purchase any HMS that was offloaded from an individual vessel in excess of the retention limits
specified in §§ 635.23 and 635.24.
(49) Sell any HMS that was offloaded from an individual vessel in excess of the retention limits specified
in §§ 635.23 and 635.24.
(50) Fish without a NMFS safe handling, release, and identification workshop certificate, as required in §
635.8.
(51) Fish without having on board the vessel a valid safe handling, release, and identification workshop
certificate issued to the vessel owner and operator as required in § 635.8.
(52) Falsify a NMFS safe handling, release, and identification workshop certificate or a NMFS Atlantic
shark identification workshop certificate as specified at § 635.8.
(53) Fish for, catch, possess, retain, or land an Atlantic swordfish using, or captured on, “buoy gear” as
defined at § 635.2, unless the vessel owner has been issued a swordfish directed limited access 125
permit or a swordfish handgear LAP in accordance with § 635.4(f) or a valid HMS Commercial
Caribbean Small Boat permit in accordance with § 635.4(o).
(54) Possess, use, or deploy, in the Gulf of Mexico, with pelagic longline gear on board, any circle hook
that is constructed of round wire stock that is larger than 3.65 mm in diameter during the months of
January through June of any calendar year as specified in § 635.21(c)(5)(iii).
(55) Fail to electronically submit an Atlantic HMS dealer report through the HMS electronic dealer
reporting system to report BAYS tunas, swordfish, and sharks to NMFS in accordance with § 635.5, if
issued, or required to be issued, a Federal Atlantic HMS dealer permit pursuant to § 635.4.
(56) Have been issued a valid HMS Commercial Caribbean Small Boat permit and to purchase, barter for,
or trade for HMS harvested by other vessels with the intent to sell, as specified in § 635.4(o)(5).
(57) Fail to appropriately stow longline gear when transiting a closed or gear restricted area or a
monitoring area that has been closed, as specified in § 635.21(b)(2).
(58) Deploy or fish with any fishing gear from a vessel with a pelagic longline gear on board in a
monitoring area that has been closed as specified at § 635.21(c)(3).
(59) Fish for, retain, possess, or land any HMS from a vessel with a pelagic longline on board when the
Atlantic Tunas Longline category fishery is closed, as specified in § 635.28(a)(3), (b)(7), (c)(3), and
(d).
(60) Buy, trade, or barter for any HMS from a vessel with pelagic longline gear is on board when the
Atlantic Tunas Longline category fishery is closed, as specified in § 635.31(a)(2), (c), and (d).
(61) Transfer in port or at sea any tuna, tuna-like species, or other HMS, as specified in § 635.29(a).
(62) A vessel owner or operator that has an HMS Charter/Headboat permit without a commercial sale
endorsement is prohibited from selling any Atlantic HMS.
(b) Atlantic tunas. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:

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(1) Engage in fishing with a vessel that has been issued an Atlantic Tunas or Atlantic HMS permit under
§ 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.
(2) [Reserved]
(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 as
authorized under § 635.23(b) and (c).
(4) Fail to inspect a vessel's permit, fail to affix a dealer tag to a large medium or giant BFT, or fail to use
such tag as specified in § 635.5(b)(2).
(5) Fail to report a large medium or giant bluefin tuna that is not sold, as specified in § 635.5(a)(3), or fail
to report a bluefin tuna that is sold, as specified in § 635.5(a)(4).
(6) As the owner of a vessel permitted, or required to be permitted, in the Atlantic HMS Angling or
Atlantic HMS Charter/Headboat category, fail to report a BFT, as specified in § 635.5(c)(1) or (c)(3).
(7) Fish for, catch, retain, or possess a bluefin tuna with gear not authorized for the category permit
issued to the vessel or to have such gear on board when in possession of a bluefin tuna, as specified
in § 635.19(b).
(8) Fail to pay cost recovery fees as instructed by NMFS, as specified at § 635.15(m)(4).
(9) Hold or acquire more than 25 percent of the total IBQ shares or associated allocations annually as
specified under § 635.15(n).
(10) Fail to retain and land all dead large medium or giant BFT when pelagic longline gear is on board a
vessel, as specified in § 635.23(e)(2).
(11) Exceed the recreational catch limit for yellowfin tuna, as specified in § 635.22(d).
(12) Exceed a catch limit for BFT specified for the appropriate permit category, as specified in § 635.23.
(13) As a vessel with an Atlantic Tunas General category permit, fail to immediately cease fishing and
immediately return to port after catching the applicable limit of large medium or giant bluefin tuna on
a commercial fishing day, as specified in § 635.23(a)(4).
(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 § 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 § 635.23(b)(1)(iii) and (c)(1) through (c)(3).
(16) Retain a BFT caught under the catch and release program specified in § 635.26.
(17) Fish for, catch, retain, or possess BAYS tunas with gear not authorized for the category permit issued
to the vessel, as specified in § 635.19(b).
(18) [Reserved]
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(19) Fish for, retain, possess, or land a BFT when the fishery is closed, as specified in § 635.28(a), except
as may be authorized for catch and release under § 635.26.
(20)—(22) [Reserved]
(23) Fish for, catch, possess, or retain a bluefin tuna, except as specified under § 635.23.
(24) Fail to comply with the restrictions on sale and purchase of an Atlantic tuna, as specified in §§
635.5(b), 635.23, and 635.31(a).
(25) [Reserved]
(26) For any person to refuse to provide information requested by NMFS personnel or anyone collecting
information for NMFS, under an agreement or contract, relating to the scientific monitoring or
management of Atlantic tunas.
(27) Possess a large medium or giant BFT, after it has been landed, that does not have a dealer tag
affixed to it as specified in § 635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported
per the requirements specified in §§ 635.5(a)(3) or 635.5(c).
(28) Participate in any HMS recreational fishing activity aboard a vessel issued an Atlantic Tunas General
category permit unless, as specified at § 635.4(c)(2) and (3), the vessel has registered and paid an
entry fee to, and is fishing under the rules of, a recreational HMS fishing tournament registered as
required under § 635.5(d)
(29) As a dealer or dealer's agent, purchase, first receive, or affix a dealer tag to a BFT that is on or from a
vessel that has been issued an Atlantic Tunas General category permit or HMS Charter/Headboat
permit with a commercial sale endorsement, as specified in § 635.5(b)(2)(ii)(A), after 0000 local time
on an RFD.
(30) Fish for any HMS, other than Atlantic BAYS tunas, with speargun fishing gear, as specified at §
635.21(h).
(31) Harvest or fish for BAYS tunas using speargun gear with powerheads, or any other explosive devices,
as specified in § 635.21(h).
(32) Sell, purchase, barter for, or trade for an Atlantic BAYS tuna harvested with speargun fishing gear, as
specified at § 635.31(a)(1).
(33) Fire or discharge speargun gear without being physically in the water, as specified at § 635.21(h).
(34) Use speargun gear to harvest a BAYS tuna restricted by fishing lines or other means, as specified at
§ 635.21(h).
(35) Use speargun gear to fish for BAYS tunas from a vessel that does not possess either a valid HMS
Angling or HMS Charter/Headboat category permit, as specified at § 635.21(h).
(36) Possess J-hooks onboard a vessel that has pelagic longline gear on board, and that has been issued
or required to be issued a LAP under this part, except when green-stick gear is on board, as specified
at § 635.21(c)(2)(iv) and (c)(5)(iii)(C).
(37) Use or deploy J-hooks with pelagic longline gear from a vessel that has been issued, or required to
be issued a LAP under this part, as specified in § 635.21(c)(5)(iii)(C).

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(38) As specified in § 635.21(c)(5)(iii)(C), possess more than 20 J-hooks on board a vessel that has been
issued or required to be issued a LAP under this part, when possessing onboard both pelagic
longline gear and green-stick gear as defined in § 635.2.
(39) Use or deploy more than 10 hooks at one time on any individual green-stick gear, as specified in §
635.21(c)(2)(iv), (c)(5)(iii)(C), or (i).
(40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1 mm), when measured in a straight line
over the longest distance from the eye to any part of the hook, when fishing with or possessing
green-stick gear on board a vessel that has been issued or required to be issued a LAP under this
part, as specified at § 635.21(c)(2)(iv) or (c)(5)(iii)(C).
(41) Fail to report BFT catch by pelagic longline, through VMS as specified at § 635.69(e)(4).
(42) Fail to report all dead discards or landings of bluefin through the NMFS electronic catch reporting
system within 24 hours of landing or the end of the trip as specified at § 635.5(a)(4).
(43) Fish for, retain, possess, or land albacore tuna when the fishery is closed, as specified in § 635.28(d).
(44) Buy, purchase, trade, or barter for albacore tuna when the fishery is closed, as specified in §
635.31(a)(2)(ii).
(45) Fail to comply with landing report requirements, as specified under § 635.5(b)(2)(i)(A).
(46) Deploy or fish with any fishing gear from a vessel with a pelagic longline on board that does not have
an approved and fully operational, working EM system as specified in § 635.9; tamper with, or fail to
install, operate or maintain one or more components of the EM system; obstruct the view of the
camera(s); or fail to handle BFT in a manner that allows the camera to record the fish as specified in
§ 635.9; or fail to comply with the standardized reference grid, hard drive, vessel monitoring plan and
other requirements under § 635.9.
(47) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on
board without a minimum amount of IBQ allocation available for that vessel, as specified in §
635.15(f)(2), as applicable.
(48) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on
board without accounting for BFT as specified in § 635.15(f)(3).
(49) Lease BFT quota allocation to or from the owner of a vessel not issued a valid Atlantic Tunas
Longline permit as specified under § 635.15(g)(1).
(50) Fish in the Gulf of Mexico with pelagic longline gear on board if the vessel has only designated
Atlantic IBQ allocation, as specified under § 635.15(c)(3).
(51) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on
board in the Gulf of Mexico, without a minimum amount of designated GOM IBQ allocation available
for that vessel, as specified in § 635.15(f)(2).
(52) If leasing IBQ allocation, fail to provide all required information on the application, as specified under
§ 635.15(g)(2).
(53) Lease IBQ allocation in an amount that exceeds the amount of IBQ allocation associated with the
lessor, as specified under § 635.15(g)(2).
(54) Sell quota share, as specified under § 635.15(h).
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(55) Fail to provide BFT landings and dead discard information as specified at § 635.15(f)(3)(iii).
(56) Fish with or have pelagic longline gear on board if any quota debt associated with the permit from a
preceding calendar year quarter has not been settled as specified in § 635.15(f)(4)(i).
(57) Lease IBQ allocation during the period from 6 p.m. December 31 to 2 p.m. January 1 (Eastern Time)
as specified at § 635.15(g)(3)(iv).
(58) Lease IBQ allocation if the conditions of § 635.15(g)(2) are not met.
(59) Fish with or have pelagic longline gear on board if any annual level quota debt associated with the
vessel from a preceding year has not been settled, as specified at § 635.15(f)(4)(ii).
(c) Billfish. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:
(1) As specified in § 635.19(c), retain a billfish harvested by gear other than rod and reel, or retain a
billfish on board a vessel unless that vessel has been issued an Atlantic HMS Angling or Charter/
Headboat permit or has been issued an Atlantic Tunas General category permit and is participating
in a tournament in compliance with § 635.4(c).
(2) Transfer a billfish in port or at sea, as specified in § 635.29(a).
(3) Fail to maintain a billfish in the form specified in § 635.30(b).
(4) Sell or purchase a billfish, as specified in § 635.31(b).
(5) Retain onboard a vessel a longbill spearfish, or a blue marlin, white marlin, roundscale spearfish, or
sailfish that is less than the minimum size specified in § 635.20(d).
(6) As the owner of a vessel permitted, or required to be permitted, in the Atlantic HMS Angling or
Atlantic HMS Charter/Headboat category, fail to report a billfish, as specified in § 635.5(c)(2) or
(c)(3).
(7) Deploy a J-hook or an offset circle hook in combination with natural bait or a natural bait/artificial
lure combination when participating in a tournament for, or including, Atlantic billfish, as specified in
§ 635.21(e).
(8) Take, retain, or possess an Atlantic blue marlin, white marlin, and roundscale spearfish when the
fishery for these species has been restricted to catch and release fishing only, as specified in §
635.27(d).
(d) Shark. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:
(1) Exceed a recreational retention limit for shark, as specified in § 635.22(c).
(2) Exceed a commercial retention limit for shark, as specified in § 635.24(a).
(3) Retain, possess, or land a shark of a species or management group when the fishery for that species,
management group, region, and/or sub-region is closed, as specified in § 635.28(b).
(4) Sell or purchase a shark of a species or management group when the fishery for that species,
management group, region, and/or sub-region is closed, as specified in § 635.28(b).
(5) Transfer a shark in port or at sea, as specified in§ 635.29(a).

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(6) Fail to maintain a shark in its proper form, as specified in § 635.30(c). Fail to maintain naturally
attached shark fins through offloading as specified in § 635.30(c), except for under the conditions
specified in § 635.30(c)(5).
(7) Sell or purchase smooth dogfish fins that are disproportionate to the weight of smooth dogfish
carcasses, as specified in § 635.30(c)(5).
(8) Fail to have shark fins and carcasses weighed and recorded, as specified in § 635.30(c).
(9) Fail to comply with the restrictions on sale and purchase of a shark, as specified in § 635.31(c).
(10) Retain, possess, sell, or purchase a prohibited shark, including parts or pieces of prohibited sharks,
as specified under §§ 635.22(c), 635.24(a), and 635.27(b), or fail to disengage any hooked or
entangled prohibited shark with the least harm possible to the animal as specified at § 635.21(d).
(11) First receive or attempt to first receive Atlantic sharks without a valid Federal Atlantic shark dealer or
proxy Atlantic shark identification workshop certificate issued to the dealer or proxy or fail to be
certified for completion of a NMFS Atlantic shark identification workshop in violation of § 635.8.
(12) Fish for Atlantic sharks with unauthorized gear or possess Atlantic sharks on board a vessel with
unauthorized gear on board as specified in § 635.19(d).
(13) Fish for Atlantic sharks with a gillnet or possess Atlantic sharks on board a vessel with a gillnet on
board, except as specified in § 635.21(f).
(14) First receive or attempt to first receive Atlantic sharks without making available for inspection, at
each of the dealer's places of business listed on the dealer permit which first receives Atlantic
sharks, an original, valid dealer or proxy Atlantic shark identification workshop certificate issued by
NMFS to the dealer or proxy in violation of § 635.8(b), except that trucks or other conveyances of the
business must possess a copy of such certificate.
(15) Sell or transfer or attempt to sell or transfer a shark or sharks or part of a shark or sharks in excess
of the retention limits specified in § 635.24(a).
(16) First receive or attempt to first receive a shark or sharks or part of a shark or sharks landed in excess
of the retention limits specified in § 635.24(a).
(17) Replace sharks that are onboard the vessel for retention with sharks of higher quality or size that are
caught later in a particular trip as specified in § 635.24(a).
(18) Retain or possess on board a vessel in the trawl fishery smoothhound sharks in an amount that
exceeds 25 percent, by weight, of the total fish on board or offloaded from the vessel, as specified at
§ 635.24(a)(7).
(19) Retain, possess, transship, land, store, sell or purchase silky sharks, oceanic whitetip sharks, or
scalloped, smooth, or great hammerhead sharks as specified in § 635.21(c)(1)(ii), § 635.22(a)(2), §
635.24, and § 635.31(c)(6).
(20) Retain, possess, or land porbeagle sharks that were alive at the time of haulback as specified in §§
635.21(c)(1)(iii), 635.22(a)(3), and 635.24 (a)(10).
(21) Fish for, retain, possess, or land sharks without a shark endorsement, as specified in § 635.4(b) and
(c).

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(22) Except when fishing only with flies or artificial lures, fish for, retain, possess, or land sharks without
deploying non-offset, corrodible circle hooks when fishing at a registered recreational HMS fishing
tournament that has awards or prizes for sharks, as specified in § 635.21(e) and (j).
(23) Except when fishing only with flies or artificial lures, fish for, retain, possess, or land sharks without
deploying non-offset, corrodible circle hooks when issued an Atlantic HMS Angling permit or HMS
Charter/Headboat category permit with a shark endorsement, as specified in § 635.21(e) and (j).
(24) Release sharks with more than 3 feet (91.4 cm) of trailing gear, as specified in § 635.21(c)(6).
(25) Fail to follow the fleet communication and relocation protocol for dusky sharks as specified at §
635.21(c)(6), (d)(2), and (f)(5).
(26) Deploy bottom longline gear without circle hooks, or have on board both bottom longline gear and
non-circle hooks, as specified at § 635.21(d)(4).
(27) Retain, land, or possess a shortfin mako shark that was caught with gear other than pelagic longline,
bottom longline, or gillnet gear as specified at § 635.21(a).
(28) Retain, land, or possess a shortfin mako shark that was caught with pelagic longline, bottom longline,
or gillnet gear and was alive at haulback as specified at § 635.21(c)(1), (d)(5), and (f)(6).
(29) As specified at § 635.21(c)(1), retain, land, or possess a shortfin mako shark that was caught with
pelagic longline gear when the electronic monitoring system was not installed and functioning in
compliance with the requirements at § 635.9.
(e) Swordfish. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:
(1) Purchase, barter for, or trade for a swordfish from the north or south Atlantic swordfish stock without
a dealer permit as specified in § 635.4(g), unless the harvesting vessel possesses a valid HMS
Commercial Caribbean Small Boat permit issued under § 635.4 of this part and harvested the
swordfish in the U.S. Caribbean as defined at § 622.2.
(2) Fail to comply with the restrictions on use of a pelagic longline specified in § 635.21(b) and (c).
(3) When the directed fishery for swordfish is closed, exceed the limits specified in § 635.28(c)(1)(i) and
(c)(1)(ii).
(4) When the incidental catch fishery for swordfish is closed, possess, land, sell, or purchase a
swordfish, as specified in § 635.28(c)(2).
(5) Transfer a swordfish in port or at sea, as specified in § 635.29(a).
(6) Fail to maintain a swordfish in the form specified in § 635.30(d).
(7) Fail to comply with the restrictions on sale and purchase of a swordfish, as specified in § 635.31(d).
(8) Fish for North Atlantic swordfish from, possess North Atlantic swordfish on board, or land North
Atlantic swordfish from a vessel using or having on board gear other than pelagic longline, greenstick gear, or handgear, except as specified at § 635.19(e).
(9) Fish for swordfish from the South Atlantic swordfish stock using gear other than pelagic longline, as
specified at § 635.19(e)(1) and § 635.27(c)(1)(ii).

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(10) Fish for, catch, possess, retain, or land an Atlantic swordfish using, or captured on, “buoy gear” as
defined at § 635.2, unless, as specified in § 635.19(e)(3), the vessel owner has been issued a
swordfish directed LAP or a swordfish handgear LAP in accordance with § 635.4(f) or a valid HMS
Commercial Caribbean Small Boat permit in accordance with § 635.4(o).
(11) Possess or deploy more than 35 individual floatation devices, to deploy more than 35 individual buoy
gears per vessel, or to deploy buoy gear without affixed monitoring equipment, as specified at §
635.21(g).
(12) Fail to mark each buoy gear as required at § 635.6(c)(1).
(13) Exceed the incidental catch retention limits specified at § 635.24(b).
(14) Exceed the recreational catch limit for North Atlantic swordfish, as specified in § 635.22(f).
(15) As the owner of a vessel permitted, or required to be permitted, in the Atlantic HMS Angling or the
Atlantic HMS Charter/Headboat category (and only when on a for-hire trip), fail to report a North
Atlantic swordfish, as specified in § 635.5(c)(2) or (c)(3).
(16) Possess any HMS, other than Atlantic swordfish, harvested with buoy gear as specified at § 635.19
unless issued a valid HMS Commercial Caribbean Small Boat permit and operating within the U.S.
Caribbean as defined at § 622.2 of this chapter.
(17) Fail to construct, deploy, or retrieve buoy gear as specified at § 635.21(g).
(18) As the owner of a vessel permitted, or required to be permitted, in the Swordfish General Commercial
permit category, possess North Atlantic swordfish taken from its management unit by any gear other
than rod and reel, handline, bandit gear, green-stick, or harpoon gear, as specified in § 635.19(e).
[64 FR 29135, May 28, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 635.71, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Appendix A to Part 635—Species Tables

Table 1 of Appendix A to Part 635—Oceanic Sharks
A. Large Coastal Sharks
Atlantic and Gulf of Mexico blacktip, Carcharhinus limbatus
Bull, Carcharhinus leucas
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Sandbar, Carcharhinus plumbeus
Scalloped hammerhead, Sphyrna lewini
Silky, Carcharhinus falciformis
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna
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Tiger, Galeocerdo cuvier
B. Small Coastal Sharks
Atlantic and Gulf of Mexico Atlantic sharpnose, Rhizoprionodon terraenovae
Atlantic and Gulf of Mexico blacknose, Carcharhinus acronotus
Atlantic and Gulf of Mexico bonnethead, Sphyrna tiburo
Finetooth, Carcharhinus isodon
C. Pelagic Sharks
Blue, Prionace glauca
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinus
D. Prohibited Sharks
Atlantic angel, Squatina dumeril
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus nakamurai
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezii
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Oceanic whitetip, Carcharhinus longimanus
Sand tiger, Carcharias taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias
E. Smoothhound Sharks
Smooth dogfish, Mustelus canis
Florida smoothhound, Mustelus norrisi
Gulf smoothhound, Mustelus sinusmexicanus Mustelus species

Table 2 of Appendix A to Part 635—Pelagic Species
Albacore tuna, Thunnus alalunga

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Bigeye tuna, Thunnus obesus
Blue shark, Prionace glauca
Bluefin tuna, Thunnus thynnus
Dolphin fish, Coryphaena hippurus
Porbeagle shark, Lamna nasus
Shortfin mako shark, Isurus oxyrinchus
Skipjack tuna, Katsuwonus pelamis
Swordfish, Xiphias gladius
Thresher shark, Alopias vulpinus
Wahoo, Acanthocybium solandri
Yellowfin tuna, Thunnus albacares

Table 3 of Appendix A to Part 635—Demersal Species
Atlantic sharpnose shark, Rhizoprionodon terraenovae
Black grouper, Mycteroperca bonaci
Blackfin snapper, Lutjanus buccanella
Blacknose shark, Carcharhinus acronotus
Blacktip shark, Carcharhinus limbatus
Blueline tilefish, Caulolatilus microps
Bonnethead shark, Sphyrna tiburo
Bull shark, Carcharhinus leucas
Cubera snapper, Lutjanus cyanopterus
Dog snapper, Lutjanus jocu
Finetooth shark, Carcharhinus isodon
Gag grouper, Mycteroperca microlepis
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Lane snapper, Lutjanus synagris
Lemon shark, Negaprion brevirostris
Mangrove snapper, Lutjanus griseus
Marbled grouper, Dermatolepis inermis
Misty grouper, Epinephelus mystacinus
Mutton snapper, Lutjanus analis
Nurse shark, Ginglymostoma cirratum
Queen snapper, Etelis oculatus
Red grouper, Epinephelus morio
Red hind, Epinephelus guttatus
Red snapper, Lutjanus campechanus
Rock hind, Epinephelus adscensionis
Sand tilefish, Malacanthus plumieri
Sandbar shark, Carcharhinus plumbeus
Schoolmaster snapper, Lutjanus apodus
Silk snapper, Lutjanus vivanus
Snowy grouper, Epinephelus niveatus
Speckled hind, Epinephelus drummondhayi
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
Tilefish, Lopholatilus chamaeleonticeps
Vermilion snapper, Rhomboplites aurorubens
Warsaw grouper, Epinephelus nigritus

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Yellowedge grouper, Epinephelus flavolimbatus
Yellowfin grouper, Mycteroperca venenosa
Yellowtail snapper, Ocyurus chrysurus
[64 FR 29135, May 28, 1999, as amended at 71 FR 58174, Oct. 2, 2006; 75 FR 30528, June 1, 2010; 76 FR 70066, Nov. 10, 2011; 78
FR 40349, July 3, 2013; 80 FR 50102, Aug. 18, 2015; 80 FR 73146, Nov. 24, 2015; 89 FR 284, Jan. 3, 2024]

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