(a) General. (1) Atlantic HMS caught, possessed, retained, or landed under these recreational limits may not be sold or transferred to any person for a commercial purpose. Recreational retention limits apply to a longbill spearfish taken or possessed shoreward of the outer boundary of the Atlantic EEZ, to a shark taken from or possessed in the Atlantic Ocean including the Gulf of Mexico and Caribbean Sea, to a North Atlantic swordfish taken from or possessed in the Atlantic Ocean, and to bluefin and yellowfin tuna taken from or possessed in the Atlantic Ocean. The operator of a vessel for which a retention limit applies is responsible for the vessel retention limit and for the cumulative retention limit based on the number of persons aboard. Federal recreational retention limits may not be combined with any recreational retention limit applicable in state waters.
(1) Atlantic HMS caught, possessed, retained, or landed under these recreational limits may not be sold or transferred to any person for a commercial purpose. Recreational retention limits apply to a longbill spearfish taken or possessed shoreward of the outer boundary of the Atlantic EEZ, to a shark taken from or possessed in the Atlantic Ocean including the Gulf of Mexico and Caribbean Sea, to a North Atlantic swordfish taken from or possessed in the Atlantic Ocean, and to bluefin and yellowfin tuna taken from or possessed in the Atlantic Ocean. The operator of a vessel for which a retention limit applies is responsible for the vessel retention limit and for the cumulative retention limit based on the number of persons aboard. Federal recreational retention limits may not be combined with any recreational retention limit applicable in state waters.
(2) Vessels issued an HMS General Category permit under Sec. 635.4(d) that are participating in a HMS registered tournament, vessels issued a HMS Angling category permit under Sec. 635.4(c), or vessels issued a HMS Charter/Headboat permit under Sec. 635.4(b) may not retain, possess or land oceanic whitetip sharks or scalloped, smooth, or great hammerhead sharks if swordfish, tuna, or billfish are retained or possessed on board, or offloaded from, the vessel. Such vessels also may not retain, possess or land swordfish, tuna, or billfish if oceanic whitetip sharks, or scalloped, smooth, or great hammerhead sharks are retained or possessed on board, or offloaded from, the vessel.
(b) Billfish. No longbill spearfish from the management unit may be taken, retained, or possessed shoreward of the outer boundary of the EEZ.
(c) Sharks. (1) The recreational retention limit for sharks applies to any person who fishes in any manner, except to persons aboard a vessel that has been issued a Federal Atlantic commercial shark vessel permit under Sec. 635.4. The retention limit can change depending on the species being caught and the size limit under which they are being caught as specified under Sec. 635.20(e). If a commercial Atlantic shark quota is closed under Sec. 635.28, the recreational retention limit for sharks and no sale provision in paragraph (a) of this section may be applied to persons aboard a vessel issued a Federal Atlantic commercial shark vessel permit under Sec. 635.4, only if that vessel has also been issued an HMS Charter/Headboat permit issued under Sec. 635.4 and is engaged in a for-hire fishing trip.
(1) The recreational retention limit for sharks applies to any person who fishes in any manner, except to persons aboard a vessel that has been issued a Federal Atlantic commercial shark vessel permit under Sec. 635.4. The retention limit can change depending on the species being caught and the size limit under which they are being caught as specified under Sec. 635.20(e). If a commercial Atlantic shark quota is closed under Sec. 635.28, the recreational retention limit for sharks and no sale provision in paragraph (a) of this section may be applied to persons aboard a vessel issued a Federal Atlantic commercial shark vessel permit under Sec. 635.4, only if that vessel has also been issued an HMS Charter/Headboat permit issued under Sec. 635.4 and is engaged in a for-hire fishing trip.
(2) Only one shark from the following list may be retained per vessel per trip, subject to the size limits described in Sec. 635.20(e)(2) and (4): Atlantic blacktip, Gulf of Mexico blacktip, bull, great hammerhead, scalloped hammerhead, smooth hammerhead, lemon, nurse, spinner, tiger, blue, common thresher, oceanic whitetip, porbeagle, shortfin mako, Atlantic sharpnose, finetooth, Atlantic blacknose, Gulf of Mexico blacknose, and bonnethead.
(3) In addition to the sharks listed under paragraph (c)(2) of this section, one Atlantic sharpnose shark and one bonnethead shark may be retained per person per trip, subject to the size limits described in Sec. 635.20(e)(3).
(4) No prohibited sharks, including parts or pieces of prohibited sharks, which are listed in section D of Table 1 of Appendix A to this part, may be retained regardless of where harvested.
(5) Sharks listed in Table 1 of Appendix A that are not listed in this section, must be released by persons aboard a vessel that has not been issued a Federal Atlantic commercial shark vessel permit under Sec. 635.4.
(6) [Reserved]
(d) Yellowfin tuna. Three yellowfin tunas per person per day may be retained. Regardless of the length of a trip, no more than three yellowfin tuna per person may be possessed on board a vessel. The recreational retention limit for yellowfin tuna applies to a person who fishes in any manner, except to a person aboard a vessel issued an Atlantic Tunas vessel permit under Sec. 635.4. The recreational retention limit for yellowfin tuna applies to persons, including captain and crew, aboard a vessel that has been issued an Atlantic HMS Charter/Headboat permit only when the vessel is engaged in a for-hire trip.
(e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna recreational retention limits.
(f) North Atlantic swordfish. The recreational retention limits for North Atlantic swordfish apply to persons who fish in any manner, except to persons aboard a vessel that has been issued an HMS Charter/Headboat permit under Sec. 635.4(b) and only when on a non for-hire trip, a directed, incidental or handgear limited access swordfish permit under Sec. 635.4(e) and (f), a Swordfish General Commercial permit under Sec. 635.4(f), an Incidental HMS Squid Trawl permit under Sec. 635.4(n), or an HMS Commercial Caribbean Small boat permit under Sec. 635.4(o).
(1) When on a for-hire trip as defined at Sec. 635.2, vessels issued an HMS Charter/Headboat permit under Sec. 635.4(b), that are charter boats as defined under Sec. 600.10 of this chapter, may retain, possess, or land no more than one North Atlantic swordfish per paying passenger and up to six North Atlantic swordfish per vessel per trip. When such vessels are on a non for-hire trip, they must comply with the commercial retention limits for swordfish specified at Sec. 635.24(b)(4).
(2) When on a for-hire trip as defined at Sec. 635.2, vessels issued an HMS Charter/Headboat permit under Sec. 635.4(b), that are headboats as defined under Sec. 600.10 of this chapter, may retain, possess, or land no more than one North Atlantic swordfish per paying passenger and up to 15 North Atlantic swordfish per vessel per trip. When such vessels are on a non for-hire trip, they may land no more than the commercial retention limits for swordfish specified at Sec. 635.24(b)(4).
(3) Vessels issued an HMS Angling category permit under Sec. 635.4(c), may retain, possess, or land no more than one North Atlantic swordfish per person and up to four North Atlantic swordfish per vessel per trip. [64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 FR 8904, Feb. 5, 2001; 67 FR 77437, Dec. 18, 2002; 68 FR 714, Jan. 7, 2003; 68 FR 74785, Dec. 24, 2003; 71 FR 58169, Oct. 2, 2006; 72 FR 31709, June 7, 2007; 73 FR 40708, July 15, 2008; 75 FR 30525, June 1, 2010; 76 FR 53658, Aug. 29, 2011; 76 FR 70066, Nov. 10, 2011; 78 FR 40346, July 3, 2013; 78 FR 52030, Aug. 21, 2013]