[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: 50CFR635.31]

[Page 250-251]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                     Subpart C--Management Measures
 
Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) Persons that own or operate a vessel that 
possesses an Atlantic tuna may sell such Atlantic tuna only if that 
vessel has a valid HMS or Atlantic Tunas Charter/Headboat permit, or a 
General, Harpoon, Longline, Purse Seine, or Trap category permit for 
Atlantic tunas issued under this part. Persons may not sell a BFT 
smaller than the large medium size class. However, a large medium or 
giant BFT taken by a person on a vessel with an HMS or Atlantic Tunas 
Charter/Headboat permit fishing in the Gulf of Mexico at any time, or 
fishing outside the Gulf of Mexico when the fishery under the General 
category has been closed, may not be sold (see Sec. 635.23(c)). Persons 
may sell Atlantic tunas only to a dealer that has a valid permit for 
purchasing Atlantic tunas issued under this part.
    (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.
    (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 BSD, as specified in Sec. 635.42(a).
    (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 BSD, as specified in Sec. 635.42(a).
    (b) Billfish. (1) Persons may not sell or purchase a billfish taken 
from its management unit.
    (2) A billfish or a closely related species, namely, black marlin, 
Makaira indica, striped marlin, Tetrapturus audax, or shortbill 
spearfish, Tetrapturus angustirostris, or a part thereof, in the 
possession of a dealer or seafood processor is considered, for purposes 
of this part, to be a billfish from the Atlantic Ocean management unit. 
However, a billfish or a closely related species will not be considered 
to be from the Atlantic Ocean management unit if-
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a Billfish Certificate of Eligibility that 
documents that it was harvested from other than the Atlantic Ocean 
management unit.
    (c) Shark. (1) Persons that own or operate a vessel that possesses a 
shark from the management unit may sell such shark only if the vessel 
has a valid commercial permit for shark issued under this part. Persons 
may possess and sell a shark only when the

[[Page 251]]

fishery for that species group has not been closed, as specified in 
Sec. 635.28(b)(3).
    (2) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued and on which a shark from the 
management unit is possessed, may sell 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 M, of 
this chapter and in Sec. 635.30(c).
    (4) Only dealers that have a valid permit for shark may purchase a 
shark from the owner or operator of a fishing vessel. Dealers may 
purchase a shark only from an owner or operator of a vessel who has a 
valid commercial permit for shark issued under this part, except that 
dealers may purchase a shark from an owner or operator of a vessel that 
does not have a commercial permit for shark if that vessel fishes 
exclusively in state waters. Dealers may purchase a shark from an owner 
or operator of fishing vessel that has a permit issued under this part 
only when the fishery for that species group has not been closed, as 
specified in Sec. 635.28(b)(3).
    (5) A dealer issued a permit under this part may not purchase from 
an owner or operator of a fishing vessel shark fins that were not 
harvested in accordance with the regulations found at part 600, subpart 
M, of this chapter and in Sec. 635.30(c).
    (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 sell such swordfish only to a dealer 
who has a valid permit for swordfish issued under this part.
    (2) Dealers may purchase 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.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002]