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. 635.32.
(2) Fish for, catch, possess, retain, or land Atlantic HMS without the appropriate valid vessel permit, LAP, EFP, scientific research permit, display permit, chartering permit, or shark research permit 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, Atlantic bluefin tuna 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 Atlantic bluefin tuna without the appropriate valid Federal Atlantic tunas dealer permit issued under Sec. 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 Sec. 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 Sec. 635.4 or submission of reports by dealers to NMFS according to reporting requirements specified in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 635.4(a).
(6) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in Secs. 635.5 and 635.32 or in the terms and conditions of a permit issued under Sec. 635.4 or an EFP, scientific research permit, display permit, chartering permit, or shark research permit issued under Sec. 635.32.
(7) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in Sec. 635.5(e) and (f) or Sec. 635.32.
(8) Fail to make available for inspection an Atlantic HMS or its area of custody, as specified in Sec. 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.
(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 NMFS-approved E-MTU vessel monitoring system prior to leaving port with pelagic longline gear, bottom longline gear, gillnet gear, or purse seine 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 or possess Atlantic tunas or swordfish on board a vessel with a gillnet on board, as specified in Sec. 635.21 (b), (e)(1), and (e)(4)(ii).
(18) Fail to retrieve fishing gear and move after an interaction with a protected species, as specified in Sec. 635.21 (c)(3) or (d)(2).
(19) Utilize secondary gears as specified in Sec. 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 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 pelagic longline, bottom longline, gillnet, buoy gear, speargun gear, or green-stick gear as specified in Sec. 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 Sec. 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 Sec. 635.4 or 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.
(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.
(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 or gear restricted areas during the time period specified at Sec. 635.21(c), except under the conditions listed at Sec. 635.21 (c)(3).
(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 or bottom longline gear on board without carrying the required sea turtle bycatch mitigation gear, as specified at Sec. 635.21(c)(5)(i) for pelagic longline gear and Sec. 635.21(d)(2) for bottom longline gear. This equipment must be utilized in accordance with Sec. 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 Sec. 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 Sec. 635.5.
(38) Fish for, or possess on board a fishing vessel, species regulated under this part in unauthorized fishing areas as specified in Sec. 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 Sec. 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 Sec. 635.21(d)(2).
(41) Fail to immediately notify NMFS upon the termination of a chartering arrangement as specified in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 635.41(c).
(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 Sec. 635.41(d).
(48) Purchase any HMS that was offloaded from an individual vessel in excess of the retention limits specified in Secs. 635.23 and 635.24.
(49) Sell any HMS that was offloaded from an individual vessel in excess of the retention limits specified in Secs. 635.23 and 635.24.
(50) Fish without being certified for completion of a NMFS protected species safe handling, release, and identification workshop, as required in Sec. 635.8.
(51) Fish without having a valid protected species workshop certificates issued to the vessel owner and operator on board the vessel as required in Sec. 635.8.
(52) Falsify a NMFS protected species workshop certificate or a NMFS Atlantic shark identification workshop certificate as specified at Sec. 635.8.
(53) Fish for, catch, possess, retain, or land an Atlantic swordfish using, or captured on, ``buoy gear'' as defined at Sec. 635.2, unless the vessel owner has been issued a swordfish directed limited access permit or a swordfish handgear limited access permit in accordance with Sec. 635.4(f) or a valid HMS Commercial Caribbean Small Boat permit in accordance with Sec. 635.4(o).
(54) Possess, use, or deploy, in the Gulf of Mexico, any circle hook, other than as described at Sec. 635.21(c). Vessels in the Gulf of Mexico, with pelagic gear onboard, are prohibited from possessing, using, or deploying circle hooks that are constructed of round wire stock which is larger than 3.65 mm in diameter (See: Sec. 635.21(c)(5)(iii)(C)(2)(i)).
(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 Sec. 635.5, if issued, or required to be issued, a Federal Atlantic HMS dealer permit pursuant to Sec. 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.
(57) Fail to appropriately stow longline gear when transiting a closed or gear restricted area, as specified in Sec. 635.21(b)(2).
(58) Fish with pelagic longline gear in the Cape Hatteras Gear Restricted area if not determined by NMFS to be ``qualified'' under Sec. 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 Sec. 635.28(a)(3), (b)(6), (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 Sec. 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 Sec. 635.29(a).
(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 been issued an Atlantic Tunas or Atlantic HMS permit 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 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, or an Atlantic tunas Purse Seine category 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 bluefin tuna that is not sold, as specified in Sec. 635.5(a)(3), or fail to report a bluefin tuna that is sold, as specified in Sec. 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 Sec. 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 Sec. 635.19(b).
(8) Fail to request an inspection of a purse seine vessel, as specified in Sec. 635.21(e)(2).
(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 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 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 Sec. 635.23(a)(3).
(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 Sec. 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 Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3).
(16) Retain a BFT caught under the catch and release program specified in Sec. 635.26.
(17) As a vessel with an Atlantic Tunas Purse Seine category permit, catch, possess, retain, or land bluefin in excess of its allocation of the Purse Seine category quota as specified in Sec. 635.23(e), or fish for bluefin under that allocation prior to the commencement date of the directed bluefin purse seine fishery 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 a tuna, except as may be authorized for the transfer of Atlantic BFT between purse seine vessels, as specified in Sec. 635.29(c).
(22) As the owner or operator of a purse seine vessel, fail to comply with the requirement for possession at sea and landing of BFT under Sec. 635.30(a).
(23) Fish for, catch, possess, or retain a bluefin tuna, except as specified under Sec. 635.23(f), 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) [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 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).
(28) Participate in any HMS recreational fishing activity aboard a vessel issued an Atlantic Tunas General category permit unless, as specified at Sec. 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 Sec. 635.5(d)
(29) [Reserved]
(30) Fish for any HMS, other than Atlantic BAYS tunas, with speargun fishing gear, as specified at Sec. 635.21(f).
(31) Harvest or fish for BAYS tunas using speargun gear with powerheads, or any other explosive devices, as specified in Sec. 635.21(f).
(32) Sell, purchase, barter for, or trade for an Atlantic BAYS tuna harvested with speargun fishing gear, as specified at Sec. 635.31(a)(1).
(33) Fire or discharge speargun gear without being physically in the water, as specified at Sec. 635.21(f).
(34) Use speargun gear to harvest a BAYS tuna restricted by fishing lines or other means, as specified at Sec. 635.21(f).
(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 permit, as specified at Sec. 635.21(f).
(36) Possess J-hooks onboard a vessel that has pelagic longline gear onboard, and that has been issued, or is required to have, a limited access swordfish, shark, or Atlantic Tunas Longline category permit for use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico, except when green-stick gear is onboard, as specified at Sec. 635.21(c)(2)(vii)(A) and (c)(5)(iii)(C)(3).
(37) Use or deploy J-hooks with pelagic longline gear from a vessel that has been issued, or is required to have, a limited access swordfish, shark, or tuna longline category permit for use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico.
(38) Possess more than 20 J-hooks onboard a vessel that has been issued, or is required to have, a limited access swordfish, shark, or tuna Longline category permit for use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico, when possessing onboard both pelagic longline gear and green-stick gear as defined at Sec. 635.2.
(39) Use or deploy more than 10 hooks at one time on any individual green-stick gear.
(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 other part of the hook, when fishing with or possessing green-stick gear onboard a vessel that has been issued, or is required to have, a limited access swordfish, shark, or tuna longline category permit for use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico.
(41) Fail to report bluefin catch by pelagic longline or purse seine gear, through VMS as specified at Sec. 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 Sec. 635.5(a)(4).
(43) Fish for, retain, possess, or land albacore tuna when the fishery is closed, as specified in Sec. 635.28(d).
(44) Buy, purchase, trade, or barter for albacore tuna when the fishery is closed, as specified in Sec. 635.31(a)(2)(ii).
(45) Fail to comply with landing report requirements, as specified under Sec. 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 working EM system as specified in Sec. 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 bluefin tuna in a manner that allows the camera to record the fish; as specified in Sec. 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 Sec. 635.15(b)(3), 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 bluefin caught on a previous trip as specified in Sec. 635.15(b)(4)(ii).
(49) Lease bluefin quota allocation to or from the owner of a vessel not issued a valid Atlantic Tunas Longline permit or not an Atlantic Tunas Purse Seine participant as specified under Sec. 635.15(c)(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 Sec. 635.15(b)(2).
(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 Sec. 635.15(b)(3).
(52) If leasing IBQ allocation, fail to provide all required information on the application, as specified under Sec. 635.15(c)(2).
(53) Lease IBQ allocation in an amount that exceeds the amount of IBQ allocation associated with the lessor, as specified under Sec. 635.15(c)(2).
(54) Sell quota share, as specified under Sec. 635.15(d).
(55) Fail to provide bluefin tuna landings and dead discard information as specified at Sec. 635.15(b)(4)(iii).
(56) Fish with or have pelagic longline gear on board if any trip level quota debt associated with the vessel from a preceding trip has not been settled, as specified at Sec. 635.15(b)(5)(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 Sec. 635.15(c)(3)(iv).
(58) Lease IBQ allocation if the conditions of paragraph Sec. 635.15(c)(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 Sec. 635.15(b)(5)(ii).
(c) Billfish. It is unlawful for any person or vessel subject to the jurisdiction of the United States to:
(1) As specified in Sec. 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 Sec. 635.4(c).
(2) Transfer a billfish in port or at sea, as specified inSec. 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 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 Sec. 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 Sec. 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 Sec. 635.21(f).
(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 Sec. 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 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 or management group when the fishery for that species, management group, region, and/or sub-region is closed, as specified in Sec. 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 Sec. 635.28(b).
(5) Transfer a shark in port or at sea, as specified inSec. 635.29(a).
(6) Fail to maintain a shark in its proper form, as specified in Sec. 635.30(c). Fail to maintain naturally attached shark fins through offloading as specified in Sec. 635.30(c).
(7) Sell or purchase shark fins that are disproportionate to the weight of shark carcasses, as specified in Sec. 635.30(c) and Sec. 600.1204(e) and (l) of this chapter.
(8) Fail to have shark fins and carcasses weighed and recorded, as specified in Sec. 635.30(c).
(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, including parts or pieces of prohibited sharks, as specified under Secs. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 635.21(g).
(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 Sec. 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 Sec. 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 Sec. 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 Sec. 635.24(a).
(18) [Reserved]
(19) Retain, possess, transship, land, store, sell or purchase silky sharks, oceanic whitetip sharks, or scalloped, smooth, or great hammerhead sharks as specified in Sec. 635.21(c)(1)(ii), Sec. 635.22(a)(2), Sec. 635.24, and Sec. 635.31(c)(6).
(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 Sec. 635.4(g), unless the harvesting vessel possesses a valid HMS Commercial Caribbean Small Boat permit issued under Sec. 635.4 of this part and harvested the swordfish in the U.S. Caribbean as defined at Sec. 622.2.
(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 a swordfish in port or at sea, 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, green-stick gear, or handgear, except as specified at Sec. 635.19(e).
(9) Fish for swordfish from the South Atlantic swordfish stock using any gear other than pelagic longline.
(10) Fish for, catch, possess, retain, or land an Atlantic swordfish using, or captured on, ``buoy gear'' as defined at Sec. 635.2, unless the vessel owner has been issued a swordfish directed limited access permit or a swordfish handgear limited access permit in accordance with Sec. 635.4(f) or a valid HMS Commercial Caribbean Small Boat permit in accordance with Sec. 635.4(o).
(11) As the owner of a vessel permitted, or required to be permitted, in the swordfish directed, swordfish handgear limited access permit category, or issued a valid HMS Commercial Caribbean Small Boat permit and utilizing buoy gear, to 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 Sec. 635.21(h).
(12) Fail to mark each buoy gear as required at Sec. 635.6(c)(1).
(13) Exceed the incidental catch retention limits specified at Sec. 635.24(b).
(14) Exceed the recreational catch limit for North Atlantic swordfish, as specified in Sec. 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 Sec. 635.5(c)(2) or (c)(3).
(16) Possess any HMS, other than Atlantic swordfish, harvested with buoy gear as specified at Sec. 635.19 unless issued a valid HMS Commercial Caribbean Small Boat permit and operating within the U.S. Caribbean as defined at Sec. 622.2 of this chapter.
(17) Fail to construct, deploy, or retrieve buoy gear as specified at Sec. 635.21(e)(4)(iii).
(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 Sec. 635.19(e). [64 FR 29135, May 28, 1999]
Editorial Note: For Federal Register citations affecting Sec. 635.71, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 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
Tiger, Galeocerdo cuvierB. 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 isodonC. Pelagic Sharks
Blue, Prionace glauca
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinusD. 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
Sand tiger, Carcharias taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carchariasE. [Reserved]------------------------------------------------------------------------
Table 2 of Appendix A to Part 635--Pelagic Species Albacore tuna, Thunnus alalungaBigeye tuna, Thunnus obesusBlue shark, Prionace glaucaBluefin tuna, Thunnus thynnusDolphin fish, Coryphaena hippurusOceanic whitetip shark, Carcharhinus longimanusPorbeagle shark, Lamna nasusShortfin mako shark, Isurus oxyrinchusSkipjack tuna, Katsuwonus pelamisSwordfish, Xiphias gladiusThresher shark, Alopias vulpinusWahoo, Acanthocybium solandriYellowfin tuna, Thunnus albacares
Table 3 of Appendix A to Part 635--Demersal Species Atlantic sharpnose shark, Rhizoprionodon terraenovaeBlack grouper, Mycteroperca bonaciBlackfin snapper, Lutjanus buccanellaBlacknose shark, Carcharhinus acronotusBlacktip shark, Carcharhinus limbatusBlueline tilefish, Caulolatilus micropsBonnethead shark, Sphyrna tiburoBull shark, Carcharhinus leucasCubera snapper, Lutjanus cyanopterusDog snapper, Lutjanus jocuFinetooth shark, Carcharhinus isodonGag grouper, Mycteroperca microlepisLane snapper, Lutjanus synagrisLemon shark, Negaprion brevirostrisMangrove snapper, Lutjanus griseusMarbled grouper, Dermatolepis inermisMisty grouper, Epinephelus mystacinusMutton snapper, Lutjanus analisNurse shark, Ginglymostoma cirratumQueen snapper, Etelis oculatusRed grouper, Epinephelus morioRed hind, Epinephelus guttatusRed snapper, Lutjanus campechanusRock hind, Epinephelus adscensionisSand tilefish, Malacanthus plumieriSandbar shark, Carcharhinus plumbeusSchoolmaster snapper, Lutjanus apodusSilk snapper, Lutjanus vivanusSnowy grouper, Epinephelus niveatusSpeckled hind, Epinephelus drummondhayiSpinner shark, Carcharhinus brevipinnaTiger shark, Galeocerdo cuvieriTilefish, Lopholatilus chamaeleonticepsVermilion snapper, Rhomboplites aurorubensWarsaw grouper, Epinephelus nigritusYellowedge grouper, Epinephelus flavolimbatusYellowfin 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]