HMS FAQs
Q1. What species are managed under the HMS
FMP?
A. The HMS FMP
final rule identifies the following 13 highly migratory species as management
unit species: Table 1. Management Unit Species.
- Striped marlin (Tetrapturus audax)
- Swordfish (Xiphias gladius)
- Common thresher shark (Alopias vulpinus)
- Pelagic thresher shark (A. pelagicus)
- Bigeye thresher shark (A. superciliosus)
- Shortfin mako (bonito shark) (Isurus oxyrinchus)
- Blue shark (Prionace glauca)
- North Pacific albacore (Thunnus alalunga)
- Yellowfin tuna (T. albacares)
- Bigeye tuna (T. obesus)
- Skipjack tuna (Katsuwonus pelamis)
- Northern bluefin tuna (T. thynnus)
- Dorado
(also commonly referred to as mahi mahi and dolphinfish) (Coryphaena
hippurus)
[Back to FAQs]
Q2. Are there any quotas or harvest
guidelines?
(view the regulation: 50CFR660.711)
A. At this time, there are no quotas for
HMS species. The HMS FMP final rule establishes annual harvest guidelines of three
hundred forty (340) metric tons for common thresher sharks and one hundred
fifty (150) metric tons for shortfin mako sharks. Because total catches and
basic population dynamic parameters for these shark species are poorly known,
they are being managed using precautionary harvest guidelines.
A harvest guideline is a numerical
harvest level that is a general objective and is not a quota. A quota is a
specified numerical harvest objective, the attainment of which triggers the
closure of the fishery or fisheries for that species.
If the harvest guidelines have
been reached, NMFS will initiate review of the species according to provisions
in the HMS FMP and in consideration of Pacific Fishery Management Council
recommendations.
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FAQs]
Q3. What species are prohibited to retain?
(View the regulation: 50CFR
660.705)
A. The following species prohibited to
retain under the HMS FMP final rule:
·
Great White Shark (Carcharodon carcharias)
·
Basking Shark (Cetorhinus maximus)
·
Megamouth Shark (Megachasma pelagio)
·
Pacific Halibut (Hippoglossus stenolepis)
·
Pink salmon (Onchorhynchus gorbuscha)
·
Chinook salmon (O. tshawytscha)
·
Chum salmon (O. keta)
·
Sockeye salmon (O. nerka)
·
Coho salmon (O. kisutch)
In general, prohibited species must
be released immediately if caught, unless other provisions for their
disposition are established in accordance with HMS FMP final rule guidelines.
For example, the great white shark has been protected in the State of California
since 1995 and it may not be taken except for scientific and educational
purposes under a State permit. The sale (or donation) of incidentally caught
specimens, live or dead, to recognized scientific and educational organizations
for research or display purposes is allowed. This allowance is valid for
scientific and educational uses of basking and megamouth sharks as well under
conditions of the applicable state permit.
In addition, U.S.
citizens fishing in waters covered under this HMS FMP final rule are bound by
the rules and regulations set forth in the Shark Finning Prohibition Act of
20022. The Act prohibits, among
other things, any person subject to U.S.
jurisdiction from (1) engaging in shark finning, (2) possessing shark fins
aboard a U.S. fishing
vessel without the corresponding carcass, or (3)
landing shark fins without a corresponding carcass.
The HMS
FMP final rule prohibits the sale of striped marlin by all vessels as a means
to provide for and maximize recreational fishing opportunities. Striped marlin
is considered to have far greater value as a recreational rather than a
commercial target species, and is only available seasonally. Prohibiting sale
removes the incentive for commercial fishermen to take striped marlin.
[Back to FAQs]
Q4. What fishing gear is allowed?
(View the regulation: 50CFR660.702)
A. The following gears are authorized for
the commercial and recreational harvest of HMS in the EEZ by all permitted
vessels, and beyond the EEZ by vessels landing in West Coast ports. Gear that
is not defined as legal gear is prohibited under the HMS FMP final rule.
Specific management measures regulating the use of legal gear types will be
developed if necessary, using the framework procedures of the HMS FMP.
HMS Commercial Gear
Harpoon: fishing gear
consisting of a pointed dart or iron attached to the end of a line several
hundred feet in length, the other end of which is attached to a flotation
device. Harpoon gear is attached to a pole or stick that is propelled only by
hand, and not by mechanical means.
Surface Hook and Line: one
or more hooks attached to one or more lines (includes troll, rod and reel,
handline, albacore jig, live bait, and bait boat; excludes pelagic longline and
mousetrap gear3). Surface hook
and line is always attached to the vessel.
Drift Gillnet: a panel of
netting, suspended vertically in the water by floats along the top and weights
along the bottom, which is neither stationary nor anchored to the bottom. The
HMS FMP final rule defines drift gillnet gear as 14 inch (35.56
cm.) stretched mesh or greater.
Purse Seine: a floated and
weighted encircling net that is closed by means of a purse line threaded
through rings attached to the bottom of the net (includes encircling net, purse
seine, ring net, drum purse seine, lampara net).
Pelagic Longline: a main
line that is suspended horizontally in the water column, which is neither
stationary nor anchored, and from which dropper lines with hooks (gangions) are
attached.
The HMS FMP final rule prohibits
all pelagic longline fishing inside the West Coast U.S. EEZ as well as
shallow-set longling fishing in the adjacent high seas areas.
HMS Recreational Gear
Rod and Reel (pole and line): a
hand-held (including rod holder) fishing rod with a manually or electrically
operated reel attached.
Spear: a sharp, pointed, or
barbed instrument on a shaft. Spears can be operated manually or shot from a
gun or sling.
Hook and Line: one or more
hooks attached to one or more lines (excludes mousetrap gear).
[Back to
FAQs]
Q5. If I fish with non-HMS gear, can I keep
any HMS as incidental catch?
(View the regulation: 50CFR660.711)
Yes, the HMS FMP final rule
authorizes incidental commercial landings of HMS, within limits, for non-HMS
gear such as bottom longline, trawl, pot gear, small mesh drift gillnet,
set/trammel gillnets, and others. Incidental catch refers to harvest of HMS
which are unavoidably caught while fishing for other species or fishing with
gear that is not legal for the harvest of HMS.
1) Small mesh gillnetters and set
net gillnetters will not be permitted to land swordfish (as currently permitted
under California law), but would be permitted to land other HMS, with the
restriction of ten (10) fish per landing of each non-swordfish HMS.
2) Bottom longline (set line)
fishery landings are restricted to three (3) HMS sharks, or 20% of total
landings by weight of HMS sharks, whichever is greater.
3) For trawl, pot gear, and other
non-HMS gear, a maximum of 1% of total weight per landing for all HMS shark
species combined is allowed (i.e., blue shark, shortfin mako shark, and bigeye,
pelagic, and common thresher sharks) or two (2) HMS sharks, whichever is
greater.
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FAQs]
Q6. Can I keep any HMS catch if fishing with a
drift gillnet under 14 inchesstretched mesh as permitted by state regulations?
A. A drift gillnet vessel with a stretched
mesh size less than 14 inches
will not be able to target HMS, although an incidental landing of 10 HMS per
trip, other than swordfish, will be allowed to minimize bycatch while fishing
for state managed species.
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FAQs]
Q7. Can I continue to use small mesh drift
gillnets to opportunistically catchalbacore while fishing in the surface hook
and line fishery?
A. No, albacore surface hook and line
vessels may not deploy small mesh drift gillnets to target albacore as was
customarily practiced by selected vessels prior to passage of the HMS FMP final
rule.
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FAQs]
Q8. What is the annual fishing season?
(View the regulation: 50CFR660.709)
A. The fishing year for all HMS fisheries
will begin at 0801 GMT (0001 local time) on April 1 of each year and terminate
at 0800 GMT on March 31 (2400 local time) of each year.
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FAQs]
Q9. What is the management area under which
these regulations apply?
(View the regulation: 50CFR660.703)
A. This HMS FMP final rule applies to all
U.S. vessels that fish for HMS within the EEZ (3200 nautical miles) off
California, Oregon or Washington and to U.S. vessels that pursue HMS on the
high seas (seaward of the EEZ) and land their fish in California, Oregon or
Washington. The HMS FMP final rule does not apply to U.S. vessels that fish for
HMS on high seas and land into a non-U.S. port. Additional restrictions apply
for Western Pacific longline permitted vessels landing into West Coast ports.
The fishery management area for
the regulation of fishing for HMS has the following designations and
boundaries:
a) Southern boundary--the United
States-Mexico International Boundary, which is a line connecting the following
coordinates:
32°35'22" N. lat.
117°27'49" W. long.
32°37'37" N. lat. 117°49'31" W. long.
310°7'58" N. lat. 118°36'18" W. long.
30°32'31" N. lat. 121°51'58" W. long.
b) Northern boundary--the United
States-Canada Provisional International Boundary, which is a line connecting
the following coordinates:
48°29'37.19" N. lat. 124°43'33.19" W. long.
48°30'11" N. lat.
124°47'13" W. long.
48°30'22" N. lat.
124°50'21" W. long.
48°30'14" N. lat.
124°54'52" W. long.
48°29'57" N. lat.
124°59'14" W. long.
48°29'44" N. lat.
125°00'06" W. long.
48°28'09" N. lat.
125°05'47" W. long.
48°27'10" N. lat.
125°08'25" W. long.
48°26'47" N. lat.
125°09'12" W. long.
48°20'16" N. lat.
125°22'48" W. long.
48°18'22" N. lat.
125°29'58" W. long.
48°11'05" N. lat.
125°53'48" W. long.
47°49'15" N. lat.
126°40'57" W. long.
47°36'47" N. lat.
127°11'58" W. long.
47°22'00" N. lat.
127°41'23" W. long.
46°42'05" N. lat.
128°51'56" W. long.
46°31'47" N. lat.
129°07'39" W. long.
c) Adjacent waters on the high seas
in which persons subject to this subpart fish.
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FAQs]
Q10. What
are the new HMS permit requirements?
(View the regulation: 50
CFR 660.707)
A. A commercial fishing vessel of the United
States must be registered for use under an HMS permit that authorizes the use
of specific gear, and a recreational charter vessel must be registered for use
under a HMS permit if that vessel is used to fish for HMS in the U.S. EEZ off
the States of California, Oregon, and Washington; or to land or transship HMS
shoreward of the outer boundary of the U.S. EEZ off the States of California,
Oregon, and Washington. The HMS FMP final rule requires issuance of an HMS
permit to a vessel owner for each specific commercial or recreational charter
fishing vessel with an endorsement for a specific HMS gear type.
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FAQs]
Q11. Do I need to show proof of previous fishing
effort and landings to qualify foran HMS permit?
A. No, at this time there are no
qualification criteria, such as minimum amount of landings, to obtain specific
HMS gear endorsements. This new HMS permit will not eliminate existing state
permit or licensing requirements, nor would federal permits under the High Seas
Fishing Compliance Act be eliminated. The permits and endorsements are subject
to sanctions, including revocation, as provided by Section 308(g) of the
Magnuson-Stevens Act.
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FAQs]
Q12. Will there be a cost for the new permit?
A. At this time, there will be no cost for
the permit. The NMFS, however, is reviewing national policy pertaining to the
issuance and administration of fishing permits, and should any future
modifications be considered, they will be instituted through the federal rule
making process. This process includes publication of a proposed rule in the Federal
Register and opportunity for public comment and input.
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FAQs]
Q13. How do I get a permit and what is the
deadline for doing so?
A. A list of vessels that would likely fall
under the jurisdiction of the HMS FMP final rule has been compiled by the
Southwest Region, NMFS. The list includes names of owners who have previously
applied for a permit under the authority of the High Seas Fishing Compliance
Act, the Tuna Conventions Act, and the Fishery Management Plan for Pelagic
Fisheries of the Western Pacific Region. The new HMS permit applications are
being mailed out to vessel owners on these lists. Completed applications are to
be sent to the National Marine Fisheries Service, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA, 90802 (Attention: HMS Permit).
Persons who have not been sent an
application form within 60 days of the effective date of the final rule and who
want a permit are obligated to apply for an HMS permit by contacting the
Southwest Region, NMFS at (562) 980-4030. The application can also be
downloaded from the Southwest Region home page: (http://swr.nmfs.noaa.gov/hms/hmsapp.pdf)
Permit requirements will be effective 60 days after the date of
publication in the Federal Register of a notice announcing approval of
the Paperwork Reduction Act clearance request for this information collection.
Fishing is allowed without an HMS permit until the permit requirements are in
effect.
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FAQs]
Q.14. How
do I display my permit once it has been issued?
A. The
HMS permit must be onboard the vessel at all times and must be available for
inspection upon the request of an authorized officer, unless the permit was
issued while the vessel was at sea. If issued while the vessel was at sea, the
permit must be onboard and available for inspection during any subsequent trip.
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FAQs]
Q15. When will my permit expire and how do I
renew it?
A. Permits
are valid for two years from date of issuance. Permit holders will receive a renewal
notice approximately ninety days prior to the permit expiration date. The
permit holder will review the information provided by the notice, make any
necessary changes, and return it to the permit office before the permit
expiration date.
The first permit expiration date will occur during the second calendar
year after the permit is issued, on the last day of the month which corresponds
with the last digit of the vessel identification number. For example, for
permits issued in 2004, if the vessel identification number ends in the number
A7", the first expiration of the permit will occur on July 31,
2006. Thereafter,
the permit will expire every two years on July 31.
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FAQs]
Q16. What are the vessel marking requirements?
(View the regulation: 50
CFR 660.704)
A. Each fishing vessel must display its
official number on the port and starboard sides of the deckhouse or hull, and
on an appropriate weather deck so as to be visible from enforcement vessels and
aircraft. The official number must be affixed to each vessel in block Arabic
numerals at least 10 inches
(25.40 cm) in height for
vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81
m) in length; and 18 inches
(45.72 cm) in height for
vessels longer than 65 ft (19.81 m) in length. Markings must be legible
and of a color that contrasts with the background.
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FAQs]
Q17. What
are the HMS FMP reporting requirements?
(View the regulation: 50
CFR 660.708)
A. Catch, effort, and catch disposition
data are critical for monitoring HMS fisheries, assessing the status of the
stocks, and evaluating the effectiveness of management. All commercial fishing
and recreational charter vessels are required to maintain logbooks. All information
specified on the logbook forms must be recorded on the forms within 24 hours
after the completion of each fishing day.
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FAQs]
Q18. When do I turn the logbooks in?
A. The original logbook form for each day
of the fishing trip must be submitted to NMFS or the appropriate state
management agency within 30 days of each landing or transshipment of HMS. Each
form must be signed and dated by the fishing vessel operator.
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FAQs]
Q19. I already keep a logbook, will I have to
fill out a separate logbook under this HMS FMP final rule?
A. Federal and State logbooks currently
required under the following authorities satisfy the HMS FMP final rule
reporting requirements and duplicate logbooks will not be required:
·
Vessels fishing on the high seas under authority
of the High Seas Fishing Compliance Act of 1995 (' 300.17).
·
Vessels fishing tuna under authority of the Tuna
Conventions Act of 1950 (' 300.21).
·
Vessels fishing under authority of the
regulations implementing the Fishery
Management Plan for Pelagic Fisheries of the Western Pacific Region ('
660.14).
·
Any logbook required by the fishery management
agency of the States of California, Oregon,
or Washington. For example, the
State of California requires a
logbook for harpoon vessels, drift gillnet vessels, and recreational charter
vessels and the State of Oregon
requires a logbook for drift gillnet vessels.
These logbooks, tailored to specific gear, are acceptable under the HMS
FMP final rule.
·
A Federal logbook for troll vessels fishing
albacore, which was voluntary, is now mandatory under the HMS FMP final
rule. Completed albacore logbooks can be
mailed to: Albacore Logbook Program, NMFS/SWFSC, 8604
La Jolla Shores Dr., La Jolla, CA
92037-1508.
Any holder of an HMS permit that
does not submit logbooks under any of the above authorities must, by written
request, apply to NMFS SWR office for the appropriate logbook5. The applicant must provide his or her
name and address, the name of the vessel, and the type of fishing gear used.
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FAQs]
Q20. What are the HMS FMP regulations for
protected species?
(View the regulations: 50 CFR '' 660.712,
.713,
.720
and 229.31
and 226.206)
A. Longline and drift gillnet vessels
encounter endangered and threatened sea turtles and marine mammals during
fishing operations. Longline vessels also encounter significant numbers of sea
birds, including the endangered short tailed albatross. Appendix 1 of this
Guide summarizes safe handling and release requirements for seabirds captured
during longline fishing operations.
Various federal laws provide protection for marine species inhabiting
the waters bound by the HMS FMP, including the Endangered Species Act, the
Marine Mammal Protection Act, and the Migratory Bird Treaty Act. The HMS FMP
final rule adopts measures to minimize interactions of HMS gears with protected
species and to ensure that the fisheries are operating consistent with federal
law. These measures include time and area closures, gear requirements, and safe
handling and release techniques for protected seabirds and sea turtles. NMFS Southwest Region provides examples of logbooks that meet
the reporting requirement. Guides for safe handling and release
are posted on the NMFS SWR website. Printed versions are available free of charge
by contacting Don Petersen at (562) 980-4024. (Please refer to 50 CRF
660.712, .713, .720 and 50 CFR 229.31 for the complete list and text of the
regulations.)
The HMS FMP final rule prohibits
the use of longlines targeting HMS within the HMS FMP management area and
prohibits U.S.
fishermen from making shallow longline sets targeting swordfish west of 150° W.
longitude and north of the equator in the Pacific Ocean.
The rule also details proper handling and release requirements for incidentally
captured sea turtles and seabirds, requires VMS on vessels if requested to
carry one by NMFS Office of Law Enforcement, and requires vessel owners and
operators to attend a NMFS protected species workshop. Complete details are
found at 50 CFR 660.712 and are posted on the SWR website.
The HMS
FMP also adopts the final rule entitled: Taking of Threatened or Endangered
Species Incidental to Commercial Fishing Operations published in the Federal
Register on March 11, 2004 (69 FR 11540). The regulations for this final rule
are found at 50 CFR 223.206(d)(9) and prohibit the use of longlines targeting
swordfish east of 150° W. longitude without a western Pacific longline permit. (View the federal
regulations implementing this rule.
The HMS
FMP final rule also adopts measures to protect marine mammals and sea turtles
that may interact with the drift gillnet fishery. A suite of time and area
drift gillnet closures to protect marine mammals in the U.S. EEZ are adopted into
the HMS FMP (see 50 CFR 660.713). Additional protections for marine mammals
include the use of pingers and extenders as specified in the Pacific Offshore
Cetacean Take Reduction Plan, found at 50 CFR 229.31.
Protections
for sea turtles include a Pacific leatherback conservation area in which drift
gillnet use is prohibited from August 15 through November 15. Drift gillnets
are prohibited in the Pacific loggerhead conservation zone during El Nino
events, June through August. See 50 CFR 660.713 (c) for specific areas and
terms of the closures.
Be aware
that additional mainland area closures off the coasts of California, Oregon,
and Washington for the drift gillnet fishery are listed under 50 CFR 660.713
(d).
A color
map showing Pacific Sea Turtle Conservation Area closed to drift gillnet
fishing is included in Appendix 3 of this Guide and is posted on NMFS Southwest Region website.
[Back to
FAQs]
Q21. Am I required to install a Vessel Monitoring
System on my boat?
(see ' 660.712(d))
A. Longline vessels that opt to fish for
tuna in the adjacent high seas area must have vessel monitoring system units
(VMS) on their vessels, provided by and installed by NMFS. Only a VMS unit
owned and installed by NMFS complies with this requirement. The vessel must
carry the VMS unit after the date scheduled for installation. No fees will be
assessed or other communication charges related to the stated VMS requirements.
Refer to the final regulations for specific details on the installation,
maintenance, and reporting requirements for VMS units.
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FAQs]
Q22. What
are the requirements for carrying Fishery Observers?
(see ' 660.719 and 600.746)
A. All U.S. fishing vessels operating in
HMS fisheries (including catcher/processors, at-sea processors, and vessels
that embark from a port in Washington, Oregon, or California and land catch in
another area), may be required to carry a NMFS certified observer on board to
collect scientific data when directed to do so by the NMFS Regional
Administrator. NMFS shall advise the permit holder or the designated agent of
any observer requirement at least 24 hours (not including weekends and Federal
holidays) before any trip.
When NMFS notifies the permit
holder or designated agent of the obligation to carry an observer, the vessel
may not engage in the fishery without taking the observer.
Observer programs will be
implemented in accordance with the procedures at 50 CFR 660.719 and 600.746.
Observers may not depart on a fishing trip aboard a vessel that does not comply
with USCG safety requirements or that does not display a current commercial
fishing vessel safety examination decal. The vessel owner or operator must also
allow an observer to visually inspect any safety or accommodation requirement
if requested. The permit holder must provide living quarters comparable to crew
members and are provided the same meals, snacks, and other considerations as
are normally provided to other vessel personnel. NMFS will reimburse provision
expenses per instructions provided.
The permit holder, vessel operator,
and crew must cooperate with the observer and allow access to VMS,
communication, and navigation equipment necessary to conduct observer duties.
The observer must be notified in a timely fashion when commercial fishing
operations are to begin and end and be provided with accurate vessel locations
by latitude and longitude or loran coordinates upon request.
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FAQs]
Q23. If I already carry NMFS observers under the
MMPA or the ESA, do I have totake observers under the HMS FMP final rule as
well?
A. No, you will not be required to carry an
additional NMFS Observer. The HMS FMP final rule data collection elements will
be combined with data collection elements currently being recorded by observers
under MMPA and ESA mandates. NMFS will work with industry to make every effort
to minimize observer interruptions to normal fishing operations.
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FAQs]
Q24. Will the HMS FMP impose limited entry for
any or all of the HMS gear types?
(see ' 660.717)
A. Not at this time. A Federal limited
entry program is not being proposed at this time because the Pacific Council
does not have sufficient information to determine the need for such a program.
However, the Pacific Council has assigned its HMS Management Team to begin
evaluating a limited entry program for longline vessels fishing from West Coast
ports. A limited entry program would require substantial analysis and an
amendment to the HMS FMP.
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FAQs]
Q25. What are the penalties for the operator or
owner of a vessel that doesn't follow these regulations?
A. Penalties are determined on a
case-by-case basis; they can include significant civil penalties and permit
sanctions. NOAA intends to develop a civil administrative penalty schedule for
the HMS FMP Final Rule, which will be available to the public from the Office of General Counsel
for Enforcement and Litigation.
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