(a) The purpose of this part is to implement—

(1) The Fishery Management Plan for the Atlantic Swordfish Fishery under the Magnuson Act; and

(2) The recommendations of the International Commission for the Conservation of Atlantic Tunas, as they relate to conservation and management of swordfish, under the Atlantic Tunas Convention Act.

(b) This part governs the conservation and management of the North Atlantic and South Atlantic swordfish stocks.

(c) Regulations governing fishing by vessels other than vessels of the United States shoreward of the outer boundary of the EEZ are published at 50 CFR part 611 subpart A, and §§ 611.60 and 611.61.

In addition to the definitions in the Magnuson Act and in § 620.2 of this chapter, the terms used in this part have the following meanings:

Carcass or dressed means a fish that has been gutted and the head and fins have been removed, but is otherwise in whole condition.

Dealer means the person who first receives from a fishing vessel, by way of purchase, barter, or trade, swordfish harvested from the Atlantic Ocean.

Drift gillnet, sometimes called a drift entanglement net or drift net, means a flat net, unattached to the ocean bottom, whether or not it is attached to a vessel, designed to be suspended vertically in the water to entangle the head or other body parts of fish that attempt to pass through the meshes.

Gangion means one of the lines that bear hooks and which is attached at intervals along the main line of a longline. (Synonymous with leader.)

Handline gear means a fishing line set and pulled by hand that remains attached to a fishing vessel during fishing.

Land or landed means to arrive in port or at a dock, berth, beach, seawall, or ramp.

North Atlantic swordfish stock means those swordfish in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5° N. lat.

Pelagic longline means a type of fishing gear consisting of a length of line suspended horizontally in the water above the bottom from lines attached to surface floats and to which gangions and hooks are attached.

Recreational fishery means the harvest of swordfish from a vessel with only rod and reel fishing gear aboard.

Regional Director means the Director, Southeast Region, NMFS, 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432; telephone 813-570-5301, or a designee.

Rod and reel means a hand-held (including rod-holder) fishing rod with a manually or electrically operated reel attached.

Science and Research Director means the Science and Research Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.

South Atlantic swordfish stock means those swordfish in the Atlantic Ocean, south of 5° N. lat.

Swordfish means a fish of the species Xiphias gladius.

Trip means a fishing trip, regardless of number of days duration, that begins with departure from a port, dock, berth, beach, seawall, or ramp and that terminates with return to a port, dock, berth, beach, seawall, or ramp.

Trip limit means the total allowable take from a single trip as defined in this section.

Whole, when referring to swordfish, means a fish that is not gutted and the head and fins are intact.

(a) Applicability—(1) Annual vessel permit. The owner of a vessel of the United States that fishes for or possesses swordfish from the north or south Atlantic swordfish stocks, or takes such swordfish as incidental catch, regardless of whether retained, must have been issued a valid swordfish vessel permit under paragraph (e) of this section unless such vessel fishes exclusively in the recreational fishery and/or fishes exclusively shoreward of the outer boundary of the EEZ around Puerto Rico and the Virgin Islands with only handline gear on board.

(2) Annual dealer permit. A dealer in the United States who first receives from a vessel of the United States swordfish harvested from the north or south Atlantic swordfish stocks must have been issued a valid dealer permit under paragraph (e) of this section.

(b) Application for an annual vessel permit. (1) An application for an annual vessel permit under this section must be signed by the owner and submitted to the Regional Director. The application must be submitted at least 30 days prior to the date on which the applicant desires to have the permit made effective. An application form is available from the Regional Director and must contain the following information:

(i) Vessel owner's name, mailing address, and telephone number;

(ii) If the vessel owner is a corporation or a partnership, the names, addresses, and dates of birth of the two principal shareholders or partners;

(iii) Vessel's name, official number, home port, net tonnage, length, and type and amount of gear used;

(iv) Any other information concerning vessel and gear characteristics requested by the Regional Director; and

(v) Any other information requested by the Regional Director that may be necessary for the issuance or administration of the permit.

(2) The application must be accompanied by a copy of the vessel's U.S. Coast Guard certificate of documentation or, if not documented, a copy of its state registration certificate.

(c) Application for an annual dealer permit. (1) An application for a dealer permit must be submitted and signed by the dealer or an officer of a corporation acting as a dealer. The application must be submitted to the Regional Director at least 30 days prior to the date on which the applicant desires to have the permit made effective.

(2) A permit applicant must provide the following information:

(i) A copy of each state wholesaler's license held by the dealer;

(ii) Business name, mailing address including zip code of the principal office of the business, and employer identification number, if one has been assigned by the Internal Revenue Service;

(iii) The address of each physical facility at a fixed location where the business receives fish;

(iv) Name, official capacity in the business, mailing address including zip code, telephone number, social security number, and date of birth of the applicant; and

(v) If the applicant is a corporation or partnership, the names, addresses, and dates of birth of the two principal shareholders or partners.

(d) Fees. A fee is charged for each annual vessel permit issued under paragraph (b) of this section and for each annual dealer permit issued under paragraph (c) of this section. The amount of the fees is calculated, at least annually, in accordance with the procedures of the NOAA Finance Handbook for determining the administrative costs of each special product or service, and may not exceed such costs. Applicable fees are specified with the application form and must be remitted with each application.

(e) Issuance. (1) The Regional Director will issue a permit at any time to an applicant if the application is complete. An application is complete when all requested forms, information, and documentation have been received and the applicant has submitted all applicable reports specified at § 630.5.

(2) Upon receipt of an incomplete application, the Regional Director will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 90 days of the date of the Regional Director's letter of notification, the application will be considered abandoned.

(f) Duration. A permit remains valid for the remainder of the period for which it is issued unless revoked, suspended, or modified pursuant to subpart D of 15 CFR part 904.

(g) Transfer. (1) A vessel permit issued under paragraph (b) of this section is not transferable or assignable. A person purchasing a permitted vessel who desires to conduct activities for which a permit is required must apply for a permit in accordance with the provisions of paragraph (b) of this section. The application must be accompanied by a copy of a signed bill of sale.

(2) A dealer permit issued under paragraph (c) of this section may be transferred upon sale of the dealer's business. However, such transferred permit remains valid for a period not exceeding 30 days after sale of the dealer's business. A person purchasing a permitted dealership who desires to conduct activities for which a permit is required after that 30 day period must apply promptly for a permit in accordance with the provisions of paragraph (c) of this section.

(h) Display. A vessel permit issued under paragraph (b) of this section must be carried on board the fishing vessel and such vessel must be identified as provided for in § 630.6. A dealer permit issued under paragraph (c) of this section must be available on the dealer's premises. The operator of a fishing vessel or a dealer must present the permit for inspection upon request of an authorized officer.

(i) Sanctions and denials. A permit issued pursuant to this section may be revoked, suspended, or modified, and a permit application may be denied, in accordance with the procedures governing enforcement-related permit sanctions and denials found at subpart D of 15 CFR part 904.

(j) Alteration. A permit that is altered, erased, or mutilated is invalid.

(k) Replacement. A replacement permit may be issued. An application for a replacement permit will not be considered a new application. A fee, the amount of which is stated with the application form, must accompany each request for a replacement permit.

(l) Change in application information. The owner of a vessel with a permit or a dealer with a permit must notify the Regional Director within 30 days after any change in the application information required by paragraph (b) or (c) of this section. The permit is void if any change in the information is not reported within 30 days.

(a) Fishing vessel reports. (1) The owner and operator of a vessel for which a vessel permit has been issued under § 630.4 must ensure that a daily logbook form is maintained of the vessel's swordfishing effort, catch, and disposition on logbook forms available from the Science and Research Director. Such forms must be submitted to the Science and Research Director postmarked not later than the 7th day after sale of the swordfish off-loaded from a trip. If no fishing occurred during a month, a report so stating must be submitted in accordance with instructions provided with the logbook forms. Logbooks must be kept on board the vessel at all times.

(2) The owner or operator of a vessel for which a vessel permit has been issued under § 630.4 must insure that copies of tally sheets are submitted for all swordfish off-loaded and for other species off-loaded with the swordfish, including, but not limited to, shark, yellowfin tuna, bigeye tuna, and albacore. Each tally sheet must show the dealer to whom swordfish and other species were transferred, the date transferred, and the carcass weight of each swordfish transferred and of each of the other species for which individual carcass weights are normally recorded, including, but not limited to, shark, yellowfin tuna, bigeye tuna, and albacore. For species not individually weighed, tally sheets must record total weights by market category. Copies of tally sheets must be submitted with the logbook forms required under paragraph (a)(1) of this section.

(b) Dealer reports. (1) A dealer who has been issued a dealer permit under § 630.4 must submit a report to the Science and Research Director twice each month. A report form is available from the Science and Research Director. The following information must be included in each report:

(i) Name, address, and permit number of the dealer;

(ii) Names and official numbers of fishing vessels from which swordfish were received;

(iii) Dates of receipt of swordfish; and

(iv) Listed by each port and county where swordfish were off-loaded from fishing vessels:

(A) Total weight (pounds) by market category for swordfish, and for other species received with the swordfish, including, but not limited to, shark, yellowfin tuna, bigeye tuna, and albacore; and

(B) Price per pound or total value paid by market category for swordfish and other species, to the extent that such price information is known at the time of reporting.

(2) A report of swordfish and other applicable species received by a dealer on the 1st through the 15th days of each month must be submitted to the Science and Research Director postmarked not later than the 20th day of that month. A report of swordfish received by a dealer on the 16th through the last day of each month must be submitted to the Science and Research Director postmarked not later than the 5th day of the following month. If no swordfish were received during a reporting period, a report so stating must be submitted postmarked as specified for that respective reporting period.

(3) The reporting requirement of paragraph (b)(1) of this section may be satisfied by providing a copy of each appropriate weigh-out sheet and/or sales record, provided such weigh-out sheet and/or sales record, by itself or combined with the form available from the Science and Research Director, includes all of the required information.

(4) For the purposes of paragraph (b) of this section, for a swordfish off-loaded from a fishing vessel in an Atlantic coastal state from Maine through Virginia, Science and Research Director means the Science and Research Director, Northeast Fisheries Science Center, NMFS, Woods Hole, MA 02543, telephone 617-548-5123, or a designee. For a swordfish off-loaded from a fishing vessel in an Atlantic coastal state from Maine through Virginia, in lieu of providing a required report to the Science and Director by mail, as specified in paragraph (b)(2) of this section, a dealer may provide a report to a state or Federal fishery port agent designated by the Science and Research Director. Reports so provided must be delivered to such port agent not later than the prescribed post mark date for submitting each such report.

(a) Official number. A vessel for which a permit is required by § 630.4 must display its official number—

(1) On the port and starboard sides of the deckhouse or hull and on an appropriate weather deck so as to be clearly visible from an enforcement vessel or aircraft;

(2) In block arabic numerals in contrasting color to the background;

(3) At least 18 inches in height for vessels over 65 feet in length and at least 10 inches in height for all other vessels; and

(4) Permanently affixed to or painted on the vessel.

(b) Duties of operator. The operator of each fishing vessel must—

(1) Keep the official number clearly legible and in good repair, and

(2) Ensure that no part of the fishing vessel, its rigging, its fishing gear, or anything carried aboard obstructs the view of the official number from any enforcement vessel or aircraft.

In addition to the general prohibitions specified in § 620.7 of this chapter, it is unlawful for any person to do any of the following:

(a) Fish for, possess, retain, or land swordfish without a valid permit aboard a vessel when such permit is required under § 630.4(a)(1).

(b) Purchase, sell, barter, or trade or attempt to purchase, sell, barter, or trade a swordfish taken by a vessel that does not have a valid permit when such permit is required under § 630.4(a)(1) and as specified in § 630.21(b).

(c) Sell, barter or trade or attempt to sell, barter, or trade a swordfish harvested from or possessed in the North Atlantic Ocean north of 5° N. latitude, including the Gulf of Mexico and Caribbean Sea, to a dealer without a valid dealer permit issued under § 630.4(e).

(d) As a dealer, purchase, barter, or trade or attempt to purchase, barter, or trade a swordfish without an annual dealer permit, as specified in § § 630.4(a)(2) and 630.21(c).

(e) Falsify information required on an application for a permit submitted under § 630.4 (b) or (c).

(f) Fail to display a permit, as required by § 630.4(h).

(g) Falsify or fail to maintain or submit information required to be maintained or submitted, as specified in § 630.5 (a) or (b).

(h) Falsify or fail to affix and maintain vessel markings, as specified in § 630.6.

(i) Fail to embark an observer on a trip when selected, as specified in § 630.10(a).

(j) Falsify or fail to provide requested information regarding a vessel's trip, as specified in § 630.10(b).

(k) Assault, resist, oppose, impede, harass, intimidate, or interfere with an NMFS-approved observer aboard a vessel.

(l) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer conducting his or her duties aboard a vessel.

(m) Fail to provide an observer with the required food, accommodations, access, and assistance, as specified in § 630.10(c).

(n) Transfer a swordfish at sea from or to a fishing vessel, as specified in § 630.21(a).

(o) Sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter a swordfish harvested in the recreational fishery, as specified in § 630.21(d).

(p) Fish for swordfish with a drift gillnet that is 2.5 kilometers or more in length or possess a swordfish aboard a vessel possessing such drift gillnet, as specified in § 630.22.

(q) Possess on board a vessel a swordfish that is smaller than the minimum size specified in § 630.23(a).

(r) Possess or land a swordfish in other than whole or dressed form, as specified in § 630.23(c).

(s) During a closure of the drift gillnet, longline, or harpoon fisheries under § 630.25(a)(1) or (b), aboard a vessel using or having aboard the specified gear, fish for swordfish, or possess or land swordfish in excess of the bycatch limits, as specified in § 630.25(c).

(t) Aboard a vessel using or having aboard gear other than drift gillnet, longline, or harpoon, fish for swordfish, or possess or land swordfish in excess of the bycatch limit, as specified in § 630.25(d).

(u) During a closure of the bycatch fishery under § 630.25(a)(2), fish for, possess, or land swordfish, as specified in § 630.25(e).

(v) Interfere with, obstruct, delay, or prevent by any means, a lawful investigation or search in the process of enforcing this part.

(w) Make any false statement, oral or written, to an authorized officer concerning the taking, catching, harvesting, landing, purchase, sale, possession, or transfer of a swordfish.

(x) Violate any provision of this part, the Magnuson Act, the Atlantic Tunas Convention Act, or any regulations or permits issued under the Magnuson Act or the Atlantic Tunas Convention Act.

(y) Purchase, sell, trade, or barter, or attempt to purchase, sell, trade, or barter, any swordfish or part thereof that is subject to the donation program in subpart D of this part, as specified at § 630.51(b)(9), § 630.51(c)(4), or § 630.51(d)(5).

(z) Exceed the vessel trip limits specified in § 630.23.

(aa) [Reserved]

(bb) Fish for swordfish from the south Atlantic swordfish stock using any gear other than pelagic longline, or possess swordfish while carrying drift gillnet gear on board south of 5° N. latitude.

(cc) Fish for, or retain, a swordfish from the south Atlantic swordfish stock or to sell, barter or trade or attempt to sell, barter, or trade a swordfish harvested from or possessed in the Atlantic Ocean south of 5° N. latitude during a closure of the South Atlantic swordfish fishery under § 630.25(a)(1).

See § 620.8 of this chapter.

See § 620.9 of this chapter.

(a) If a vessel's trip is selected by the Science and Research Director for observer coverage, the owner or operator of such vessel must accommodate an NMFS-approved observer.

(b) When notified in writing by the Science and Research Director that his vessel has been selected to carry an NMFS-approved observer, an owner or operator of a vessel for which a vessel permit has been issued under § 630.4 must advise the Science and Research Director in writing not less than 5 days in advance of each trip of the following:

(1) Departure information (port, dock, date, and time); and

(2) Expected landing information (port, dock, and date).

(c) An owner or operator of a vessel on which an NMFS-approved observer is embarked must—

(1) Provide accommodations and food that are equivalent to those provided to the crew;

(2) Allow the observer access to and use of the vessel's communications equipment and personnel upon request for the transmission and receipt of messages related to the observer's duties;

(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position;

(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish; and

(5) Allow the observer to inspect and copy the vessel's log, communications logs, and any records associated with the catch and distribution of fish for that trip.

The fishing year is June 1 through July 31.

(a) A swordfish harvested from the north or south Atlantic swordfish stocks may not be transferred at sea, regardless of where the transfer takes place or where the swordfish was harvested.

(b) A swordfish harvested from the north Atlantic Swordfish stock may be initially sold, traded, or bartered or attempted to be sold, traded, or bartered only by an owner or operator of a vessel that has been issued a swordfish vessel permit under § 630.4(e), except if the swordfish is off-loaded in Puerto Rico or the U.S. Virgin Islands from a non-permitted vessel that fished exclusively shoreward of the outer boundary of the EEZ around Puerto Rico and the U.S. Virgin Islands with only handline gear on board.

(c) A swordfish harvested from the south Atlantic swordfish stock, may be initially sold, traded, or bartered or attempted to be sold, traded, or bartered only by an owner or operator of a vessel that has been issued a vessel permit under § 630.4(e).

(d) A swordfish harvested from the north Atlantic swordfish stock may be initially purchased, traded, or bartered or attempted to be purchased, traded, or bartered only by a dealer with a valid dealer permit issued under § 630.4(e).

(e) A swordfish harvested from the north Atlantic swordfish stock by persons aboard a vessel in the recreational fishery may not be sold, purchased, traded, or bartered or attempted to be sold, purchased, traded, or bartered.

A drift gillnet with a total length of 2.5 kilometers or more may not be used to fish for swordfish. A vessel using or having aboard a drift gillnet with a total length of 2.5 kilometers or more may not possess a swordfish.

(a) Minimum size. The minimum allowable size for possession on board a fishing vessel for a swordfish taken from the north or south Atlantic swordfish stocks is 29 inches (73 cm) carcass length, measured along the body contour (i.e., a curved measurement) from the cleithrum to the anterior portion of the caudal keel (CK measurement) or, if swordfish are weighed, 33 lb (15 kg) dressed weight. The cleithrum is the semicircular bony structure that forms the posterior edge of the gill opening. Measurement must be made at the point on the cleithrum that provides the shortest possible CK measurement (Figure 1 to part 630).

(b) Carcass condition. A swordfish possessed on board a fishing vessel of the United States in the Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, must be in whole or dressed form, and a swordfish landed from a fishing vessel of the United States in an Atlantic coastal port, including the Gulf of Mexico or Caribbean Sea, must be maintained in whole or dressed form through offloading, except such swordfish as are damaged by shark bites. A shark-bit swordfish for which the remainder of the carcass is less than the minimum size limit specified in paragraph (a) of this section may not be landed.

(c) Vessel trip limits. In 1996, vessels issued a swordfish permit under § 630.4 may not land from, or possess during, a single trip more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a closure has been effected under § 630.25.

(a) Applicability. (1) A swordfish harvested from the North Atlantic swordfish stock by a vessel of the United States in other than the recreational fishery is counted against the directed-fishery gear quota or the by catch quota. A swordfish harvested by drift gillnet, longline, or harpoon and landed before the effective date of a closure for that gear, done pursuant to § 630.25(a)(1), is counted against the applicable directed-fishery gear quota. After a gear closure, a swordfish landed by a vessel using or possessing gear for which a bycatch is allowed under § 630.25(c) is counted against the bycatch allocation specified in paragraph (c) of this section. Notwithstanding the above, a swordfish harvested by a vessel using or possessing gear other than drift gillnet, longline, harpoon, or rod and reel is counted against the bycatch quota specified in paragraph (c) of this section at all times.

(2) A swordfish harvested from the south Atlantic swordfish stock by a vessel subject to the jurisdiction of the United States is counted against the directed-fishery quota for the south Atlantic.

(3) A swordfish possessed on board or offloaded from a vessel that used or had on board a driftnet during its current or most recent fishing trip in waters of the North and/or South Atlantic Oceans (including the Gulf of Mexico and Caribbean Sea) will be deemed to have been harvested by a driftnet.

(b) Directed-fishery quotas. (1) The annual directed fishery quota for the North Atlantic swordfish stock for the period June 1, 1998, through May 31, 1999, is 2,098.6 mt dw, of which 2,057 mt dw is allocated for the longline/harpoon fishery and 41.6 mt dw is allocated for the driftnet fishery. The allocation for the longline/harpoon fishery is divided into two equal semiannual quotas of 1,028.5 mt dw, one for the period June 1 through November 30, 1998, and the other for the period December 1, 1998, through May 31, 1999.

(2) The annual directed fishery quota for the North Atlantic swordfish stock for the period June 1, 1999, through May 31, 2000, is 2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/harpoon fishery and of which 40.2 mt dw is allocated for the drift gillnet fishery. The allocation for the longline/harpoon fishery is divided into two equal semiannualquotas of 996.5 mt dw, one for the period June 1 through November 30, 1999, and the other for the period December 1, 1999, through May 31, 2000.

(3) The annual directed fishery quota for the South Atlantic swordfish stock for the period June 1, 1998, through May 31, 1999, is 289 mt dw.

(4) The annual directed fishery quota for the South Atlantic swordfish stock for the period June 1, 1999, through May 31, 2000, is 289 mt dw.

(5) The annual directed fishery quota for the South Atlantic swordfish stock for the period June 1, 2000, through May 31, 2001, is 289 mt dw.

(c) Incidental catch quota. The annual bycatch quota for the north Atlantic swordfish stock is 300 mt dw; no incidental harvest is authorized for the south Atlantic swordfish stock.

(d) Annual adjustments. (1) As necessary, NMFS will reevaluate the annual directed fishery quotas for the North and South Atlantic swordfish stocks and the annual incidental catch quota for the North Atlantic swordfish stock. NMFS will consider the best available scientific information regarding the following factors:

(i) Swordfish stock abundance assessments;

(ii) Swordfish stock age and size composition;

(iii) Catch and effort in the swordfish fishery; and

(iv) Consistency with ICCAT recommendations.

(2) Except for the carryover provisions of paragraph (d)(3), of this section, NMFS will announce any adjustments to the annual quotas by publication of a notice in the Federal Register, providing for a 30-day minimum comment period. NMFS will prepare a report of its evaluations, a regulatory impact review, and an environmental assessment; and such documents will be made available to the public. NMFS will take into consideration all information received during this comment period and will publish a final rule in the Federal Register.

(3) If consistent with applicable ICCAT recommendations, total landings above or below the specific North Atlantic or South Atlantic swordfish annual quota will be subtracted from, or added to, the following year's quota for that management area. Any adjustments to the 12-month directed fishery quota will be apportioned equally between the two semiannual periods. NMFS will publish notification in the Federal Register of any adjustment and of the apportionment made under this paragraph (d)(3).

(e) Inseason adjustments. (1) NMFS may adjust the December 1 through May 31 semiannual directed fishery quota and gear quotas to reflect actual catches during the June 1 through November 30 semiannual period, provided that the 12-month directed fishery and gear quotas are not exceeded.

(2) If NMFS determines that the annual incidental catch quota will not be taken before the end of the fishing year, the excess quota may be allocated to the directed fishery quotas.

(3) If NMFS determines that it is necessary to close the directed fishery, any estimated overharvest or underharvest of the directed fishery quota available immediately prior to that closure will be used to adjust the annual incidental catch quota accordingly.

(4) NMFS will publish notification in the Federal Register of any inseason adjustment and its apportionment made under this paragraph (e).

(f) Gear allocations. If NMFS determines that the annual or semiannual directed fishery or incidental catch quotas must be adjusted pursuant to paragraph (d) or (e) of this section, the annual or semiannual gear quotas will be adjusted so that the new gear quotas represent the same proportion (percentage) of the adjusted quota as they did of the quota before adjustment, provided such adjusted gear quotas are consistent with applicable requirements under the Endangered Species Act and the Marine Mammal Protection Act.

(g) Adjustments to gear quotas. If NMFS determines that the annual directed-fishery or bycatch quotas must be adjusted pursuant to paragraphs (d) and (f) of this section, the annual or semi-annual gear quotas will be adjusted so that the new gear quotas represent the same proportion (percentage) of the adjusted quota as they did of the quota before adjustment.

(h) Notice of adjustments. (1) NMFS will announce a proposed adjustment in management measures pursuant to paragraph (e), (f), or (g) of this section by publication of a proposed rule in the Federal Register. The proposed rule will provide for public comment unless NMFS finds for good cause that such public comment is impracticable, unnecessary, or contrary to the public interest. NMFS will take into consideration all information received during the comment period and will publish the approved adjustment in management measures as a final rule in the Federal Register.

(2) If NMFS finds for good cause that public comment on an adjustment in management measures pursuant to paragraph (e), (f), or (g) of this section is impracticable, unnecessary, or contrary to the public interest, such adjustment will be published as an interim final rule with a 15-day public comment period commencing on the date of publication.