50 CFR 635.5

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50 CFR 635.5 (July 2, 2026)

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Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 635 —Atlantic Highly Migratory Species
Subpart A —General
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.

Editorial Note: Nomenclature changes to part 635 appear at 90 FR 38004, Aug. 7, 2025.
§ 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 —
(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.

50 CFR 635.5(a)(2) (enhanced display)

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50 CFR 635.5 (up to date as of 7/02/2026)
Recordkeeping and reporting.

50 CFR 635.5(a)(3)

(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
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.
50 CFR 635.5(a)(5)(iii) (enhanced display)

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50 CFR 635.5 (up to date as of 7/02/2026)
Recordkeeping and reporting.

50 CFR 635.5(a)(6)

(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
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.
50 CFR 635.5(b)(1)(iii) (enhanced display)

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50 CFR 635.5 (up to date as of 7/02/2026)
Recordkeeping and reporting.

50 CFR 635.5(b)(2)

(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.

(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.

50 CFR 635.5(b)(2)(ii)(B) (enhanced display)

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50 CFR 635.5 (up to date as of 7/02/2026)
Recordkeeping and reporting.

50 CFR 635.5(b)(2)(iii)

(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
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.
50 CFR 635.5(d) (enhanced display)

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50 CFR 635.5 (up to date as of 7/02/2026)
Recordkeeping and reporting.

50 CFR 635.5(e)

(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.

50 CFR 635.5(f) (enhanced display)

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