[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR635.28] [Page 247-249] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents Subpart C--Management Measures Sec. 635.28 Closures. (a) BFT. (1) When a BFT quota, other than the Purse Seine category quota specified in Sec. 635.27(a)(4), is reached, or is projected to be reached, NMFS will file with the Office of the Federal Register for publication notification of closure. On and after the effective date and time of such notification, 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) From August 15 through December 31, the owner or operator of a vessel that has been allocated a portion of the Purse Seine category quota under Sec. 635.27(a)(4) may fish for BFT. Such vessel may be used to fish for yellowfin, bigeye, albacore, or skipjack tuna at any time, however, landings of BFT taken incidental to fisheries targeting other Atlantic tunas or in any fishery in which BFT might be caught will be deducted from the individual vessel's quota for the following BFT fishing season (i.e., August 15 through December 31). Upon reaching its individual vessel allocation of BFT, the vessel may not participate in a directed purse seine fishery for Atlantic tunas or in any fishery in which BFT might be caught for the remainder of the fishing year. (3) If NMFS determines that variations in seasonal distribution, abundance, or migration patterns of BFT, or the catch rate in one area, precludes anglers in another area from a reasonable opportunity to harvest a portion of the Angling category quota, NMFS [[Page 248]] may close all or part of the fishery under that category and may reopen it at a later date if NMFS determines that BFT have migrated into the other area. In determining the need for any such interim closure or area closure, NMFS will consider: (i) The usefulness of information obtained from catches of a particular geographic area of the fishery for biological sampling and for monitoring the status of the stock; (ii) The current year catches from the particular geographic area relative to the catches recorded for that area during the preceding 4 years; (iii) The catches from the particular geographic area to date relative to the entire category and the likelihood of closure of that entire category of the fishery if no interim closure or area closure is effected; and (iv) The projected ability of the entire category to harvest the remaining amount of BFT before the anticipated end of the fishing season. (b) Sharks. (1) The commercial fishery for large coastal sharks will remain open for fixed semiannual fishing seasons, as specified at Sec. 635.27(b)(1)(i). From the effective date and time of a season closure until additional quota becomes available, the fishery for large coastal sharks is closed, and sharks of that species group may not be retained on board a fishing vessel issued a commercial permit pursuant to Sec. 635.4. (2) When a semiannual quota for small coastal sharks or pelagic sharks specified in Sec. 635.27(b)(1)(ii) and (b)(1)(iii) is reached, or is projected to be reached, NMFS will file with the Office of the Federal Register for publication a notice of closure at least 14 days before the effective date. From the effective date and time of the closure until additional quota becomes available, the fishery for the appropriate shark species group is closed, and sharks of that species group may not be retained on board a fishing vessel issued a commercial permit pursuant to Sec. 635.4. (3) When the fishery for a shark species group is closed, a fishing vessel issued a shark ILAP or LAP pursuant to Sec. 635.4 may not possess or sell a shark of that species group, and a permitted shark dealer may not purchase or receive a shark of that species group from a vessel issued a shark ILAP or LAP, except that a permitted shark dealer or processor may possess sharks that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. (4) The commercial fishery for large coastal sharks will remain open for fixed semiannual fishing seasons, as specified at Sec. 635.27(b)(1)(v). From the effective date and time of a season closure until additional quota becomes available, the fishery for large coastal sharks is closed, and sharks of that species group may not be retained on board a fishing vessel issued a commercial permit pursuant to Sec. 635.4. (c) Swordfish--(1) Directed fishery closure. When the annual or semiannual directed fishery quota specified in Sec. 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 deg. N. lat. or landed in an Atlantic coastal state on a vessel using or having on board a longline. However, legally taken swordfish from the South Atlantic swordfish stock may be possessed in the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic coastal state on a vessel with a longline provided the harvesting vessel does no fishing on that trip in the Atlantic Ocean north of 5 deg. N. lat. and reports positions with a vessel monitoring system, as specified in Sec. 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 [[Page 249]] 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 deg. N. lat. or landed in an Atlantic coastal state on a vessel that has been issued a handgear permit under Sec. 635.4(f)(1) provided that such swordfish were not taken with a harpoon. (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 Sec. 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 an additional incidental catch quota becomes available, no swordfish may be possessed in or from the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic coastal state, and a swordfish in or from the Atlantic Ocean north of 5 deg. N. lat. may not be sold. However, legally taken swordfish from the South Atlantic swordfish stock may be possessed in the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic coastal state on a vessel with a longline, provided the harvesting vessel does not fish on that trip in the Atlantic Ocean north of 5 deg. N. lat. and reports positions with a vessel monitoring system, as specified in Sec. 635.69. [64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 66 FR 67121, Dec. 28, 2001] Effective Date Note: At 66 FR 67121, Dec. 28, 2001, in Sec. 635.28, paragraph (b)(1) was suspended and paragraph (b)(4) was added, effective Jan. 1, 2002 through July 1, 2002. At 67 FR 37354, May 29, 2002, the effective date was extended to Dec. 30, 2002.