A SHORT SUMMARY OF THE
COMMERCIAL FISHING REGULATIONS FOR
HIGHLY MIGRATORY SPECIES

The following information is a brief summary of the commercial fishing regulations found in 50 CFR part 635 and does not cover all the regulations. Additional regulations may apply and regulations are continually subject to change. For a comprehensive list of updated Atlantic HMS regulations, please refer to the ELECTRONIC CODE OF FEDERAL REGULATIONS (http://www.access.gpo.gov/su_docs/ ). If there is a discrepancy between this summary and the regulations in 50 CFR part 635, the regulations will take precedence.

For updates on Atlantic tunas, such as bluefin tuna quota monitoring or retention limits, visit http://www.hmspermits.gov/ or call the Atlantic Tunas Information Line at (888) 872-8862. For more detailed information on tunas, contact the HMS Management Division located in Gloucester, Massachusetts at (978) 281-9260.

For updates on quotas, season openings/closings and other information on Atlantic swordfish or sharks, you may call the HMS Information Line at (800) 894-5528 or the HMS Management Division located in Silver Spring , Maryland at (301) 713-2347.

To receive email updates on HMS management, sign up for the HMS listserve at: http://www.nmfs.noa.gov/sfa/hms/newslist . Alternatively, information about all Federal fisheries, including the shark fishery, can be obtained electronically via FISHNEWS. To sign up for this service visit www.nmfs.noaa.gov.

ATLANTIC BILLFISH

Commercial possession of Atlantic billfish is prohibited. Only persons who have been issued a valid HMS Angling or valid Charter/Headboat permit, or who have been issued a valid Atlantic Tunas General category permit and are participating in a HMS registered tournament may fish for, take, or retain an Atlantic blue marlin, white marlin, or sailfish.

ATLANTIC TUNAS

Permits
Commercial fishermen are required to hold a permit for the vessel they are operating in order to fish for or take Atlantic tunas. Information on Atlantic tunas permits can be obtained by calling (888) 872-8862 or by visiting http://www.hmspermits.gov/ . Vessels fishing for Atlantic tunas may have only one of the following permit types in addition to any other required permits:

•  an HMS Charter/Headboat permit (open access)

•  an Atlantic tunas General Category permit (open access)

•  an Atlantic tunas Harpoon Category permit (open access)

•  an Atlantic tunas Trap Category permit (open access)

•  an Atlantic tunas Purse Seine Category permit (limited access)

•  an Atlantic tunas Longline Category permit (limited access, only valid if the vessel also holds a directed or incidental Atlantic swordfish and a directed or incidental Atlantic shark permit)

NOTE : There are regional and seasonal differences in the number of tunas that may be kept for some permit types. For more information visit: http://www.nmfs.noaa.gov/sfa/hms/hmsdocument_files/Tuna.htm or call the HMS Management Division at (978) 281-9260.

Authorized Gear

Bluefin Tuna

When fishing for Atlantic bluefin tuna, a fisherman must use only the following gear types authorized for their permit category or type:

•  HMS Charter/Headboat: Rod and reel (including downriggers), bandit gear, and handline

•  General Category: Rod and reel (including downriggers), handline, harpoon, and bandit gear

•  Harpoon Category: Harpoon

•  Trap Category: Pound net and fish weir

•  Purse Seine Category: Purse seine

•  Longline Category: Longline (no directed fishery, incidental allowance based on “target” catch)

Other Tuna Species

When fishing for Atlantic tunas other than bluefin (i.e., yellowfin, bigeye, skipjack and albacore tuna), fishermen may use any gear type authorized for use in the Atlantic tunas fishery, regardless of permit category.

Minimum Sizes

•  Bluefin tuna: 73 inches (186 cm) curved fork length.

•  Skipjack tuna: no minimum size limit for this species.

•  Albacore tuna: no minimum size limit for this species.

•  Bigeye tuna: 27 inches (69 cm) curved fork length.

•  Yellowfin tuna: 27 inches (69 cm) curved fork length.

Landing Restrictions

Bluefin, bigeye, and yellowfin tuna may be landed round with fins intact, or eviscerated with the head removed, but with one pectoral fin and the tail remaining attached. Tunas harvested from the management unit cannot be filleted or cut into pieces at sea.

ATLANTIC SWORDFISH

Permits
Commercial fishermen are required to hold a valid limited access permit for the vessel they are operating in order to fish for, take, or retain Atlantic swordfish. All permits in the commercial Atlantic swordfish fishery are issued under a limited access system. In order to enter the fishery, you must obtain a permit from a fisherman who is leaving the fishery. Permits are transferred between vessels and are subject to upgrading restrictions. For more information regarding fishing vessel permits for the swordfish commercial fishery, please call the NMFS Southeast Regional Office at (727) 824-5326. Please note that NMFS does not facilitate the transfer of permits between vessels.

There are several types of permits:

•  Directed Permit: Allows fishermen to target swordfish using any authorized gear. Permits are subject to upgrading restrictions. Fishermen must also hold an Atlantic tunas Longline Category permit and an Atlantic shark permit to deploy use pelagic longline or buoy gear for swordfish. Directed swordfish permits are valid only when held in combination with both a valid limited access shark permit and an Atlantic Tunas Longline category permit.

•  Handgear Permit: Allows fishermen to target swordfish using only handgear; longline gear may not be on board the vessel. Permits are subject to upgrading restrictions. No other permit is required.

•  Incidental Permit: Allows fishermen to land swordfish incidental to the catch from other fishing activities. Incidental permits are not subject to upgrading restrictions. Incidental swordfish permits are only valid when held in combination with both a valid Atlantic tunas Longline Category permit and an Atlantic shark permit. The incidental limits are 30 fish per vessel per trip for most gear types. If you use squid trawl and possess a SWO permit, you may keep 15 fish per vessel per trip.

Authorized Gear

•  North Atlantic swordfish (fish taken north of 5 degrees North latitude) can only be taken with handgear (bandit gear, handline, harpoon, rod and reel), buoy gear (directed or handgear permit holders only), or longline except that a limited number of swordfish may be taken incidentally on a vessel with squid trawl.

•  South Atlantic swordfish (fish taken south of 5 degrees North latitude) can only be taken with longline.

Minimum Size

North and South Atlantic swordfish must be larger than 29 inches (73 cm) cleithrum to caudal keel, 47 inches (119 cm) lower jaw fork length, or 33 lb (15 kg) dressed weight. A swordfish that is damaged by shark bites may be retained only if the remainder of the carcass meets the minimum size.

Landing Restrictions

Swordfish must be kept in whole or dressed form through landing. “Dressed” indicates a headed/gutted fish with some or all fins removed. Swordfish harvested from the management unit cannot be filleted or cut into pieces at sea.

ATLANTIC SHARKS

Permits
Commercial fishermen are required to hold a permit for the vessel they are using to harvest Atlantic sharks. Permits in the commercial Atlantic shark fishery are issued under a limited access system. In order to enter the fishery, you must obtain a permit from a fisherman who is leaving the fishery (subject to upgrading restrictions). For more i nformation regarding fishing vessel permits for the shark commercial fishery, please call the NMFS Southeast Regional Office at (727) 824-5326. Please note that NMFS does not facilitate the transfer of permits between vessels.

There are several types of permits:

•  Directed Permit: Allows fishermen to target sharks using any authorized gear. Permits are subject to upgrading restrictions. The limits for directed permit holders are 33 non-sandbar large coastal sharks per vessel per trip. There are no retention limits for pelagic or small coastal sharks.

•  Incidental Permit: Allows fishermen to land sharks incidental to the catch from other fishing activities. Permits are not subject to upgrading restrictions. The incidental limits are 3 non-sandbar large coastal sharks per vessel per trip and 16 pelagic or small coastal sharks (all species combined) per vessel per trip.

•  Shark Research Fishery Permit: Allows a small number of commercial vessels to participate in the shark research fishery. Selected vessels are able to harvest sandbar sharks when a NMFS-approved observer is onboard. Possession of sandbar sharks and fish are subject to the modified retention limits for this research fishery. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered. For copies of the Shark Research Fishery Application please visit http://www.nmfs.noaa.gov/sfa/hms/index.htm or call the HMS Management Division at (301) 713-2347.

Authorized Gear
Commercial fishermen may take sharks with the following gear types:

•  Longline (bottom or pelagic)

•  Handgear (rod and reel, handline, bandit gear)

•  Gillnet: A gillnet cannot be longer than 2.5 km, must be attached to the vessel at one end while fishing, and is subject to additional restrictions in place during the Right Whale Calving season/region off the southeast United States between November 15 and April 15 every year. Gillnet checks must be conducted every 1-2 hours.

NOTE: All commercial vessels must have handling and release gear and corrodible hooks onboard.

Minimum Size
At this time, there is no commercial minimum size for Atlantic sharks.

Landing Restrictions

All sharks must have their fins naturally attached through offloading. Fins may be cut as long as they remain naturally attached to the carcass with a small flap of uncut skin. Sharks may be eviscerated and have the heads removed. Sharks harvested from the management unit cannot be filleted or cut into pieces at sea.

PROHIBITED SHARK SPECIES

The following sharks cannot be possessed or retained. If you catch a shark on this list, you must release it immediately into the water with minimal injury and in a manner that maximizes the survival of the shark.

* Only vessels selected to participate in the shark research fishery are able to harvest sandbar sharks when a NMFS-approved observer is onboard. Possession of sandbar sharks and other shark species are subject to the modified retention limits for this research fishery.