[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: 50CFR635.71] [Page 259-264] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents Subpart F--Enforcement Sec. 635.71 Prohibitions. In addition to the prohibitions specified in Sec. 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 Sec. 635.4 or Sec. 635.16. (2) Fish for, catch, possess, retain, or land an Atlantic HMS without the appropriate valid vessel permit, LAP, or EFP on board the vessel, as specified in Secs. 635.4 and 635.32. (3) Purchase, receive, or transfer or attempt to purchase, receive, or transfer, for commercial purposes, any Atlantic HMS landed by owners of vessels not permitted to do so under Sec. 635.4, or purchase, receive, or transfer, or attempt to purchase, receive, or transfer, for commercial purposes, any Atlantic HMS without the appropriate valid [[Page 260]] dealer permit issued under Sec. 635.4, except that this does not apply 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 an Atlantic tuna, shark, or swordfish other than to a dealer that has a valid dealer permit issued under Sec. 635.4, except that this does not apply 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. (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 Sec. 635.4(a). (6) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in Sec. 635.5. (7) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in Sec. 635.5(f). (8) Fail to make available for inspection an Atlantic HMS or its area of custody, as specified in Sec. 635.5(g). (9) Fail to report the catching of any Atlantic HMS to which a conventional tag has been affixed under a tag and release program. (10) Falsify or fail to display and maintain vessel and gear identification, as specified in Sec. 635.6. (11) Fail to comply with the requirements for at-sea observer coverage, as specified in Sec. 635.7 and Sec. 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. (14) Fail to install, activate, repair or replace a vessel monitoring system prior to leaving port with pelagic longline gear on board the vessel as specified in Sec. 635.69. (15) Tamper with, or fail to operate and maintain a vessel monitoring system as specified in Sec. 635.69. (16) Fail to contact NMFS or follow NMFS instructions when automatic position reporting has been interrupted as specified in Sec. 635.69. (17) Fish for Atlantic tunas or swordfish with a gillnet for or possess Atlantic tunas or swordfish on board a vessel with a gillnet on board, as specified in Sec. 635.21 (b), (d)(1), and (d)(4)(ii). (18) Fail to retrieve fishing gear and move after an interaction with a marine mammal or sea turtle, as specified in Sec. 635.21(c)(3). (19) Fail to release an Atlantic HMS in the manner specified in Sec. 635.21(a). (20) Fail to report the retention of an Atlantic HMS that has an archival tag, as specified in Sec. 635.33. (21) Fail to maintain an Atlantic HMS in the form specified in Sec. 635.30. (22) Fish for, catch, retain, or possess an Atlantic HMS that is less than its minimum size limit specified in Sec. 635.20. (23) Fail to comply with the restrictions on use of a pelagic longline or shark gillnet as specified in Sec. 635.21 (c) and (d)(3)(ii) and (iii). (24) Import any bluefin tuna or swordfish in a manner inconsistent with any ports of entry designated by NMFS as authorized by Sec. 635.47. (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 an exempted fishing permit or scientific research permit issued under the authority of Sec. 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 Sec. 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. [[Page 261]] (29) Fail to comply with the restrictions on importing HMS as specified at Secs. 635.40, 635.41 and 635.46. (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 Sec. 635.21. (31) Deploy or fish with any fishing gear from a vessel with a pelagic longline on board in any closed area during the time periods specified at Sec. 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 Sec. 635.21(c)(4). (33) Deploy or fish with any fishing gear from a vessel with pelagic longline gear on board without carrying a dipnet and line clipper as specified at Sec. 635.21(c)(5)(i). (34) Fail to disengage any hooked or entangled sea turtle with the least harm possible to the sea turtle as specified at Sec. 635.21(c)(5)(ii). (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 NOAA Fisheries, at the number designated by NOAA Fisheries, the incidental capture of listed whales with shark gillnet gear and sea turtle mortalities associated with pelagic longline gear as required by 50 CFR 635.5. (b) Atlantic tunas. It is unlawful for any person or vessel subject to the jurisdiction of the United States to: (1) Engage in fishing with a vessel that has a permit for Atlantic tuna under Sec. 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 or 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) Import or export bluefin tuna without a dealer permit, as specified in Sec. 635.4(a)(4) and (g)(1). (3) Fish for, catch, retain, or possess a BFT less than the large medium size class by a vessel other than one that has on board an Angling category Atlantic tunas permit, an HMS or Atlantic Tunas Charter/Headboat permit, or a Purse Seine category Atlantic tunas permit as authorized under Sec. 635.23 (b), (c), and (e)(2). (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 Sec. 635.5(b)(2). (5) Fail to report a large medium or giant BFT that is not sold, as specified in Sec. 635.5(a)(3). (6) As an angler, fail to report a BFT, as specified in Sec. 635.5(c). (7) Fish for, catch, retain, or possess a BFT with gear not authorized for the category permit issued to the vessel or to have on board such gear when in possession of a BFT, as specified in Sec. 635.21(d)(1). (8) Fail to request an inspection of a purse seine vessel, as specified in Sec. 635.21(d)(1)(vi)(B). (9) Fish for or catch BFT in a directed fishery with purse seine nets without an allocation made under Sec. 635.27(a)(4). (10) Fish for or catch any Atlantic tunas in a directed fishery with purse seine nets from August 15 through December 31 if there is no remaining BFT allocation made under Sec. 635.27 (a)(4). (11) Exceed the recreational catch limit for yellowfin tuna, as specified in Sec. 635.22(d). (12) Exceed a catch limit for BFT specified for the appropriate permit category, as specified in Sec. 635.23. (13) As a vessel with a General category Atlantic tuna permit, fail to immediately cease fishing and immediately return to port after catching a large medium or giant BFT on a commercial fishing day, as specified in Sec. 635.23(a)(3). [[Page 262]] (14) As a vessel with an Angling category Atlantic tunas permit or an HMS or Atlantic Tunas 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 Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3). (15) As a vessel with an Angling category Atlantic tunas permit or an HMS or Atlantic Tunas Charter/Headboat permit, sell, offer for sale, or attempt to sell a large medium or giant BFT after fishing under the circumstances specified in Sec. 635.23(b)(1)(iii) and (c)(1) through (3). (16) Retain a BFT caught under the catch and release program specified in Sec. 635.26. (17) As a vessel with a Purse Seine category Atlantic tuna permit, catch, possess, retain, or land BFT in excess of its allocation of the Purse Seine category quota, or fish for BFT under that allocation prior to August 15, as specified in Sec. 635.27(a)(4). (18) As a vessel with a Purse Seine category Atlantic tunas permit, land BFT smaller than the large medium size class except as specified under Sec. 635.23(e)(2). (19) Fish for, retain, possess, or land a BFT when the fishery is closed, as specified in Sec. 635.28(a), except as may be authorized for catch and release under Sec. 635.26. (20) Approach to within 100 yd (91.5 m) of the cork line of a purse seine net used by a vessel fishing for Atlantic tuna, or for a purse seine vessel to approach to within 100 yd (91.5 m) of a vessel actively fishing for Atlantic tuna, except that two vessels that have Purse Seine category Atlantic tuna permits may approach closer to each other. (21) Transfer at sea an Atlantic tuna, except as may be authorized for the transfer of BFT between purse seine vessels, as specified in Sec. 635.29(a). (22) As the owner or operator of a purse seine vessel, fail to comply with the requirements for weighing, measuring, and information collection specified in Sec. 635.30(a)(2). (23) Fish for, catch, possess, or retain a BFT from the Gulf of Mexico except as specified under Sec. 635.23(f)(1), or if taken incidental to recreational fishing for other species and retained in accordance with Sec. 635.23(b) and (c). (24) Fail to comply with the restrictions on sale and purchase of an Atlantic tuna, as specified in Secs. 635.5(b), 635.23, and 635.31(a). (25) Fail to comply with the documentation requirements for imported or exported bluefin tuna or bluefin tuna products, as specified in Sec. 635.42. (26) Import a bluefin tuna or bluefin tuna product into the United States from Belize, Panama, or Honduras other than as authorized in Sec. 635.45. (27) 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. (28) 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 Sec. 635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported per the requirements specified in Secs. 635.5(a)(3) or 635.5(c). (c) Billfish. It is unlawful for any person or vessel subject to the jurisdiction of the United States to: (1) Retain a billfish on board a vessel with a pelagic longline on board or harvested by gear other than rod and reel, as specified in Sec. 635.21(d)(2). (2) Transfer a billfish at sea, as specified in Sec. 635.29(a). (3) Fail to maintain a billfish in the form specified in Sec. 635.30(b). (4) Sell or purchase a billfish, as specified in Sec. 635.31(b). (5) Retain on board a vessel a longbill spearfish, or a blue marlin, white marlin or sailfish that is less than the minimum size specified in Sec. 635.20(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 Sec. 635.22(c). (2) Exceed a commercial retention limit for shark, as specified in Sec. 635.24(a). (3) Retain, possess, or land a shark of a species group when the fishery for that species group is closed, as specified in Sec. 635.28(b)(1) and (b)(2). [[Page 263]] (4) Sell or purchase a shark of a species group when the fishery for that species group is closed, as specified in Sec. 635.28(b)(3). (5) Transfer a shark at sea, as specified in Sec. 635.29(b). (6) Fail to maintain a shark in its proper form, as specified in Sec. 635.30(c)(4). (7) Sell or purchase shark fins that are disproportionate to the weight of shark carcasses, as specified in Sec. 635.30(c)(2) and (c)(3) and Sec. 600.1023 (e) and (l) of this chapter. (8) Fail to have shark fins and carcasses weighed and recorded, as specified in Sec. 635.30(c)(3). (9) Fail to comply with the restrictions on sale and purchase of a shark, as specified in Sec. 635.31(c). (10) Retain, possess, sell, or purchase a prohibited shark. (11) Falsify information submitted under Sec. 635.16(d)(2) or (d)(4) in support of an application for an ILAP or an appeal of NMFS's denial of an ILAP for shark. (12) Fish for Atlantic sharks with unauthorized gear or possess Atlantic sharks on board a vessel with unauthorized gear on board as specified in Sec. 635.21(d)(3). (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 Sec. 635.21(d)(3). (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 or import a swordfish harvested from any ocean area without a dealer permit, as specified in Sec. 635.4(g)(3). (2) Fail to comply with the restrictions on use of a pelagic longline specified in Sec. 635.21(b) and (c). (3) When the directed fishery for swordfish is closed, exceed the limits specified in Sec. 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 Sec. 635.28(c)(2). (5) Transfer at sea a swordfish, as specified in Sec. 635.29(a). (6) Fail to maintain a swordfish in the form specified in Sec. 635.30(d). (7) Fail to comply with the restrictions on sale and purchase of a swordfish, as specified in Sec. 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 or handgear. (9) Fish for swordfish from the South Atlantic swordfish stock using any gear other than pelagic longline. (10) Fail to comply with the documentation requirements for the importation of a swordfish, or part thereof, that is less than the minimum size, as specified in Sec. 635.46. (11) Falsify information submitted under Sec. 635.16(d)(2) or (d)(4) in support of an application for an ILAP or an appeal of NMFS's denial of an initial limited access permit for swordfish. (12) Falsify information submitted under Sec. 635.46(b) in support of entry of imported swordfish. (13) Exceed the incidental catch retention limits specified at Sec. 635.24(b). [64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 FR 42887, July 12, 2000; 65 FR 47238, Aug. 1, 2000; 66 FR 17373, Mar. 30, 2001; 66 FR 30653, June 7, 2001; 66 FR 42805, Aug. 15, 2001; 67 FR 6201, Feb. 11, 2002; 67 FR 45401, July 9, 2002; 67 FR 47469, July 19, 2002] Appendix A to Part 635--Species Tables Table 1 of Appendix A to Part 635-Oceanic Sharks A. Large coastal sharks: 1. Ridgeback sharks: Sandbar, Carcharhinus plumbeus Silky, Carcharhinus falciformis Tiger, Galeocerdo cuvieri 2. Non-ridgeback sharks: Blacktip, Carcharhinus limbatus Bull, Carcharhinus leucas Great hammerhead, Sphyrna mokarran Lemon, Negaprion brevirostris Nurse, Ginglymostoma cirratum Scalloped hammerhead, Sphyrna lewini Smooth hammerhead, Sphyrna zygaena Spinner, Carcharhinus brevipinna B. Small coastal sharks: Atlantic sharpnose, Rhizoprionodon terraenovae Blacknose, Carcharhinus acronotus [[Page 264]] Bonnethead, Sphyrna tiburo Finetooth, Carcharhinus isodon C. Pelagic sharks: Blue, Prionace glauca Oceanic whitetip, Carcharhinus longimanus Porbeagle, Lamna nasus Shortfin mako, Isurus oxyrinchus Thresher, Alopias vulpinus. D. Prohibited sharks: Atlantic angel, Squatina dumerili Basking, Cetorhinus maximus Bigeye sand tiger, Odontaspis noronhai Bigeye sixgill, Hexanchus vitulus Bigeye thresher, Alopias superciliosus Bignose, Carcharhinus altimus Caribbean reef, Carcharhinus perezi Caribbean sharpnose, Rhizoprionodon porosus Dusky, Carcharhinus obscurus Galapagos, Carcharhinus galapagensis Longfin mako, Isurus paucus Narrowtooth, Carcharhinus brachyurus Night, Carcharhinus signatus Sand tiger, Odontaspis taurus Sevengill, Heptranchias perlo Sixgill, Hexanchus griseus Smalltail, Carcharhinus porosus Whale, Rhincodon typus White, Carcharodon carcharias Table 2 of Appendix A to Part 635-Deepwater/Other Shark Species Blotched catshark, Scyliorhinus meadi Broadgill catshark, Apristurus riveri Chain dogfish, Scyliorhinus retifer Deepwater catshark, Apristurus profundorum Dwarf catshark, Scyliorhinus torrei Iceland catshark, Apristurus laurussoni Marbled catshark, Galeus arae Smallfin catshark, Apristurus parvipinnis Bigtooth cookiecutter, Isistius plutodus Blainville's dogfish, Squalus blainvillei Bramble shark, Echinorhinus brucus Broadband dogfish, Etmopterus gracilispinnis Caribbean lanternshark, Etmopterus hillianus Cookiecutter shark, Isistius brasiliensis Cuban dogfish, Squalus cubensis Flatnose gulper shark, Deania profundorum Fringefin lanternshark, Etmopterus schultzi Great lanternshark, Etmopterus princeps Green lanternshark, Etmopterus virens Greenland shark, Somniosus microcephalus Gulper shark, Centrophorus granulosus Japanese gulper shark, Centrophorus acuus Kitefin shark, Dalatias licha Lined lanternshark, Etmopterus bullisi Little gulper shark, Centrophorus uyato Portuguese shark, Cetroscymnus coelolepis Pygmy shark, Squaliolus laticaudus Roughskin spiny dogfish, Squalus asper Smallmouth velvet dogfish, Scymnodon obscurus Smooth lanternshark, Etmopterus pusillus American sawshark, Pristiophorus schroederi Florida smoothhound, Mustelus norrisi Smooth dogfish, Mustelus canis